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DEVASHIS BARUAH
Rakesh Ranjan – Appellant
Versus
State Of Nagaland, Represented By The Chief Secretary – Respondent
JUDGMENT :
Heard Mr. Taka Masa, the learned Senior counsel assisted by Mr. Arenglong, the learned counsel appearing on behalf of the Petitioner. I have also heard Ms. S. Mere, the learned Government Advocate appearing on behalf of the State Respondents.
2. The petitioner herein has filed the instant writ petition to set aside/review/reconsider the impugned order No.ED/MISC-2/2004-2005/180-209 dated 05.07.2010 only with regard to the Petitioner issued by the Director, School Education and further seeking a direction upon the Respondent Authorities to review and re-fix the date of regularization and the seniority of the Petitioner w.e.f. 16.01.2004 with all consequential benefits.
3. The case of the Petitioner in brief is that the Petitioner was appointed as a Graduate Teacher on Ad-hoc basis vide an order No.ED/EL/C/2/92-93(PT) dated 12.03.1993 issued by the Director, Department of School Education and posted at Government Middle School, Tanhai, Mon. It is relevant to take note of the appointment order which has been enclosed as Annexure-A. From a perusal of the said appointment order, it reveals that the appointment of the Petitioner on Ad-hoc basis was against the transfer vacancy wh
The court established that an employee appointed on an adhoc basis against a sanctioned post is entitled to regularization and seniority from the date of their initial appointment if similarly situat....
Point of Law : Supreme Court while taking into consideration a dispute pertaining to inter se seniority, held that seniority of appellants before Supreme Court can be reckoned only from date of regul....
The court upheld the direction for regularization of the respondent's service in terms of the memorandum dated 18.02.2004, despite the subsequent OMs, and dismissed the review petition filed by the a....
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
The court affirmed that administrative actions must be taken within a reasonable time frame, and the cancellation of a long-standing appointment based on flawed reasoning is unjustified.
The cancellation of an employee's regularization based on arbitrary grounds violates principles of non-discrimination and due process, necessitating restoration of benefits to similarly situated indi....
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
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