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N. UNNI KRISHNAN NAIR
Harekrishna Mahanta, S/o. Lt. Tarini Mahanta – Appellant
Versus
State of Assam – Respondent
Heard Mr. U.B. Sarma, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned Standing Counsel for the Elementary Education Department appeared for respondent Nos.1 & 2. None has entered appearance for the respondent Nos.3 & 4.
2. The petitioner, by way of instituting the present proceedings has prayed for a direction upon the respondent authorities for appointing him against any of the Grade-IV post, lying vacant in Puthimari H.S. School, Soneswar in Kamrup District.
3. The petitioner has contended in the Writ Petition that he having cleared his Higher Secondary Examination was on a look out for a suitable employment and accordingly, in the year 2004, the Principal of Puthimari H.S. School requested the petitioner to serve as a Grade-IV employee (Peon) in the school and accordingly, the petitioner joined in such services in the month of July, 2004. It was contended by the petitioner that at the time of joining his services, it was assured to him that such services would be regularized within a short span of time. The petitioner thereafter was regularly approaching the authorities for issuance of appropriate orders towards regularization of his services against any of
The court emphasized the consideration of the petitioner's length of service and directed the authorities to facilitate the petitioner's participation in the selection process for vacant Grade-IV pos....
Where a recruitment process is kept alive through continuous litigation and candidates from a common merit list are appointed pursuant to court orders, the doctrine of 'fence-sitter' does not apply t....
Utilizing services for a prolonged period, even without a sanctioned post, creates a legitimate expectation for remuneration. Non-payment for such services is unconstitutional and violates fundamenta....
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
The Court directed that the petitioner’s representation for a teaching vacancy be considered fairly in the forthcoming counselling.
Promotions should be based on merit and ability, with seniority being considered only when merit and ability are approximately equal, as per Rule 15(4) of the Tamil Nadu Recognised Private Schools (R....
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