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SUMAN SHYAM
Riazul Haque, S/o. Usman Ali – Appellant
Versus
Gauhati University, Rep. by its Vice Chancellor, Kamrup(M), Assam – Respondent
JUDGMENT :
Heard Mr. B. Kaushik, learned counsel for the petitioners appearing in this batch of writ petitions. Also heard Mr. P.J. Phukan, learned Standing Counsel, Gauhati University appearing for the respondents.
2. These writ petitions are factually inter-related and therefore, are being taken up for disposal by this common order.
3. The facts of these cases, in a nutshell, are that on 17.04.2012 the Gauhati University had issued and advertisement notice No.NTS/5/2012 inviting applications for filling up a number of posts in various categories including one post of Junior Literary Assistant-cum-Proof Reader, 5 posts of Accounts Assistant, 10 posts of Lower Division Assistant and 6 posts of Computer Typist. The advertisement notice dated 17.04.20212 had clearly mentioned the scale of pay applicable in case of each post. In response to the advertisement notice dated 17.04.2012 the writ petitioners herein had submitted their candidature for the respective posts. After going through the selection process comprising of written test and interview, the petitioners were selected and accordingly, orders of appointments were also issued in their favour. However, contrary to the projections
The amendment to a statutory provision cannot have a retrospective effect on a recruitment process initiated prior to the amendment.
Selected candidates for regular posts cannot be arbitrarily appointed on contract; such appointments deemed regular from inception, fictional service breaks invalid, entitling continuity, re-engageme....
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
Regular appointments have to be made in accordance with the rules and by giving wide publicity, considering all eligible candidates.
Temporary employees lack a legal right to regularization unless appointed per relevant rules; participation in selection waives claims for regularization.
Absorption in service – As per UGC Regulations compensation to be paid for emoluments equal to the gross salary of regularly appointed Assistant Professors for the services rendered by them for a per....
Employees appointed on a tenure basis are not entitled to be regularized in their positions unless there is a specific provision in their contract of employment or in the relevant rules and regulatio....
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