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Om Prakash Joshi S/o Vaja Ram – Appellant
Versus
State of Rajasthan through its Secretary, Department of Education, Jaipur – Respondent
ORDER :
1. These writ petitions have been filed by the petitioners aggrieved against the orders dated 11.03.2022 (Annex.15 in both the petitions), wherein it was observed that based on the order dated 21.10.1993 whereby petitioners were dismissed from the service, the petitioners were not in service.
2. It is, inter-alia, indicated in the writ petitions that the petitioners were appointed as Teacher Grade-III Level-2 by order dated 15.11.1989 and their services came to be confirmed by order dated 12.11.1992, however, on account of the fact that recognition granted by the State regarding petitioners’ qualification came to be withdrawn, the services of the petitioners came to be terminated by order dated 21.10.1993.
3. Aggrieved against the orders dated 21.10.1993, the petitioners preferred writ petition being CWP No.631/1994, wherein initially an interim order was granted by the Court, however, the petition came to be dismissed on 30.08.1995. Against the order dated 30.08.1995, the petitioners preferred intra-court appeal being DBSAW No.685/1995, which appeal also came to be dismissed by order dated 03.11.2004. The review petition filed was also dismissed and the Special Leave Petition
Dismissal without due process violates Article 311 rights; the court quashed ex parte orders.
The court has the authority to review dismissal orders under Article 226 of the Constitution of India and can set them aside if found to be unsustainable procedurally, in proportionality, and timing ....
The court's decision emphasized that regularisation/absorption is not a mode of appointment and that the issuance of an advertisement shall attract talent and regularising/absorbing the petitioners w....
Regularisation/absorption is not a mode of appointment, and failure to apply for regular selection can lead to dismissal of a writ petition.
The court ruled that the failure to properly consider the D.E.O.'s inquiry report regarding attendance invalidated the rejection of service regularisation, affirming rights based on continuity of ser....
The principle of regularisation/absorption is not a mode of appointment, and the issuance of an advertisement for regular appointments attracts talent and ensures compliance with Article 14 of the Co....
The rejection of benefits must be based on a proper application of mind, and disciplinary action must be conducted expeditiously with appropriate evidence.
The decision to terminate the petitioner's services and the non-payment of retirement dues, despite no termination order being passed, were deemed illegal and unsustainable.
The Court upheld the dismissal of a public servant based on substantiated allegations of producing bogus qualifications after due inquiry, emphasizing misconduct impacts eligibility.
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