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MOHAMMAD RAFIQ, JYOTSNA REWAL DUA
Chairman, Army Public School – Appellant
Versus
Urmila Chauhan, D/o Sh. Jiwan Singh Chauhan – Respondent
JUDGMENT :
Being companion matters, these are taken up together for decision.
LPA No.97 of 2021
Learned Single Judge vide judgment dated 04.05.2021, directed the Army Public School, Dagshai, District Solan, H.P., to regularize the services of the writ petitioner as Trained Graduate Teacher (Music) [in short ‘TGT (Music)’] after completion of five years of service on contract basis by taking her appointment on contract basis w.e.f. 19.09.2011, with all consequential benefits. Aggrieved, the Army Public School, Dagshai has filed the instant letters patent appeal.
2. Brief factual matrix of the case is as under:-
2(i). The Army Public School, Dagshai (appellants herein) advertised posts of Trained Graduate Teachers in the year 2006. Respondent No.1-Smt. Urmila Chauhan (writ petitioner) applied for the post of TGT (Music). She participated in the selection process and was appointed as TGT (Music) on temporary basis from 08.04.2006 to 31.03.2007.
2(ii). After expiry of the above period, the appellants again advertised the posts of Trained Graduate Teachers. Respondent No.1 applied for the post of TGT (Music). After going through the selection process, she was appointed as TGT (Music) w.e.f. 0
No order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powers un....
No such order of absorption and/or regularisation even if required for creating supernumerary posts and not to treat the same as precedent could have been passed by the High Court in exercise of powe....
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 court recognized the right of the State to appoint persons on temporary basis to meet its exigencies, and held that the failure of the ATTC to maintain the student to lecturer ratio and the petit....
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
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