Gayatri R. Nagar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(1.) In this petition which is filed under Article 226 of the Constitution of India, the petitioner had prayed for the following reliefs :
(B) Be please to issue a writ of mandamus and/or certiorari or a writ in the nature of mandamus and/or certiorari or any other appropriate writ, order or directions;
(i) To declare that action on the part of the respondent authorities in terminating the services of the petitioner with effect from 26.02.2003 is illegal, arbitrary and against the provisions of law and amounts to disobedience of the order passed by the Hon'ble High Court in Special Civil Application No.1286 of 1988 and hence, this Hon'ble court may be pleased to quash and set aside the termination order dated 26.02.2003;
(ii) To declare that petitioner is entitled to continue as confirm Lecturer in Micro-Biology and she may be treated as continued as a Lecturer after the date of her conversion as lecturer by the respondent authorities vide Annexure-C and respondent authorities may be directed to protect the pay-scale and to pay her salary in the regular pay scale for the post of lecturer after adding yearly increments;
(iii) Di
The liability to pay the pension and other benefits payable under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 would be that of the State Government and not the University o....
Point of Law : Temporary/Contractual appointment – Rejection of claim – Justified.
The main legal point established is the entitlement of the petitioner to arrears from the correct date of completion of refresher courses as per UGC Regulations, 2000, and the finality of court order....
The court emphasized the importance of treating ad-hoc services as continuous for all purposes and the belated nature of recovery actions.
A government servant's continuous service, including temporary appointments and condoned breaks, qualifies for pension benefits under the Maharashtra Civil Services (Pension) Rules, provided there is....
Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.
The main legal point established in the judgment is the prohibition of replacing adhoc employees with another set of adhoc employees and the need for fair consideration of adhoc employees for regular....
Ad hoc services should be considered as qualifying service for pensionary benefits under Rule 25 of the Gujarat Civil Services (Pension) Rules, 2002.
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