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NELSON SAILO
Sh. Miltona, S/o Nengzachin – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
This Order will dispose of both the writ petitions. Heard Mr. Victor L. Ralte, learned counsel for the petitioners in both the writ petitions and Mrs. H. Lalmalsawmi, learned Govt. Advocate for the State respondents in WP(C) No. 52/2022. Mrs. Mary L. Khiangte, learned Govt. Advocate who represents the respondents in WP(C) No. 64/2023 is absent today. However, since the issues involved in both the writ petitions are similar and as pleadings are complete, the writ petition is taken up for disposal.
2. Brief facts of the case as projected by the petitioners in WP(C) No. 52/2022 is that the petitioner Nos. 1 to 9 were appointed as High School Teacher on adhoc basis under various Schools during the period between 2008 to 2011. As for the petitioner No. 10, he was appointed as Middle School Teacher on adhoc basis in the year 2008. The appointment of the petitioners were duly approved by the District Education Officer concerned as per the relevant provisions of the Govt. of Mizoram, Education & Human Resources Development Adhoc Recurring Grant-in-Aid for General Maintenance of School Rules, 1997.
3. It is the case of the petitioners that the Govt. of Mizoram in the School Educatio
The court held that the past service of reappointed teachers must be acknowledged for seniority and pension benefits, notwithstanding a service gap.
Resignation from a government service results in the forfeiture of previous service, as per Rule 41 of the Tamil Nadu State and Subordinate Services, and pension benefits cannot be based on service r....
Half of service rendered under the State Government in non-provincialised service, consolidated pay, honorarium or daily wages basis on or after 1st January 1961 in respect of Government employees ab....
The main legal point established in the judgment is that the service rendered in the previous cadre should be counted for seniority and promotion in the new cadre, and the absence of evidence regardi....
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....
Ad-hoc services followed by regularization are considered qualifying service for pension under the U.P. State Aided Educational Institution Employees Contributory Provident Fund, Insurance Pension Ru....
Point of law: practice of the Government issuing Government Orders for fulfilling the needs of individual persons, for one reason or the other, should be put a stop to, as otherwise the clause of equ....
Pre-regularization service under scheme cannot count for cadre seniority; executive orders cannot override statutory recruitment rules.
power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons.
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