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N. UNNI KRISHNAN NAIR
Tater Tamut, S/o. Shri Ojing Tamut – Appellant
Versus
State of AP, Represented through the Commissioner – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Mr. T. Son, learned counsel for the petitioners. Also heard Mr. T. Tagum, learned Standing Counsel for the Education Department representing the respondent nos. 1 to 3 and Mr. N. Lowang, learned Government Advocate appearing for the respondent no. 4.
2. The petitioners herein, have joined together to assail an order dated 18.08.2023, issued by the Commissioner (Education) Govt. of Arunachal Pradesh, Itanagar, towards cancelling the appointment effected in respect of each of the petitioners herein and some others as Multi-Tasking Staff (MTS), as well as against Group-C post.
3. The petitioners herein were initially engaged as Contingency Peon/Contingency Staff and also on ad-hoc basis on fixed pay per month, during the period 2017 to 2021. It is projected that the Contingency services of the petitioners were consequently, regularized during the period 2017 to 2021 by issuing individual orders of regularization to them and they were appointed as MTS. The orders of appointment so issued to the petitioners had a condition that the petitioners herein, in terms of the appointment so effected in their cases, were required to remain on probation fo
Appointments made without lawful selection process are illegal and cannot be regularized.
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
The termination of the teacher was unlawful as it violated principles of natural justice, and the appointment was validly made under due process against a clear vacancy reserved for Scheduled Tribe.
The distinction between irregular and illegal appointments, the application of Articles 14 and 16 of the Constitution, and the consideration of equity in public employment cases.
The court affirmed that an employee cannot be terminated without proper inquiry and adherence to disciplinary procedures, especially when no fraud or misrepresentation occurred during appointment.
Deliberate inflation of academic marks in application forms constitutes material misrepresentation, invalidating employment contracts under established legal principles of public trust and recruitmen....
Long-term employment based on transparent recruitment cannot be invalidated solely due to procedural irregularities, reinforcing principles of natural justice and legitimate expectations.
Provisional appointment cancellations must follow due disciplinary processes; removal without inquiry violates natural justice principles.
The regularisation of services of the contingency staff should be based on seniority as per the General Arunachal Pradesh Service Group 'C' Common Recruitment Rules, 2011 and the Office Memorandum, d....
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