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NELSON SAILO, BUDI HABUNG
Rakesh Ranjan – Appellant
Versus
State Of Nagaland Represented By The Chief Secretary – Respondent
JUDGMENT :
Nelson Sailo, J.
Heard Mr. Taka Masa, learned Senior Counsel assisted by Mr. Arenlong, learned counsel for the appellant and Mr. N. Angami, learned State Counsel appearing for all the respondents. This is a Writ Appeal filed by the writ appellant who is also the writ petitioner against the Judgment & Order dated 01.03.2024 passed by the learned Single Judge in WP(C) No. 126(K)/2023 dismissing his writ petition. For the sake of convenience, the writ appellant shall be referred to as the petitioner hereafter.
2. The prayer of the petitioner in his writ petition is for setting aside the impugned Order dated 05.07.2010 issued by the Director, School Education in so far as he is concerned and to direct the respondent authorities to review and re-fix the date of his regularization and his seniority w.e.f 16.01.2004 with all consequential benefits. Additionally, in his affidavit-in-reply, the petitioner has prayed for the protection of the MACP benefit granted to him and the same should also be accounted as one of his prayer and for which, reliance is placed on the case of Sri-la Sri Subramania Desika Gnanasambanda Pandarasannidi Vs. State of Madras & Anr. AIR 1965 SC 1578.
3. Th
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....
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 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.
Discriminatory treatment in employment regularization cases violates the principle of equality as per Article 14 of the Constitution.
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 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....
The court ruled that the termination of ad hoc teachers' services based on the Government Order was unjust and mandated fresh consideration of their regularization claims under the relevant statutory....
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