RANJAN SHARMA
Rajesh Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
RANJAN SHARMA, J.
1. Notice. Mr. Ravi Chauhan, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents.
2. With the consent of the parties, the instant writ petition is taken up for disposal, at this stage, in view of the peculiar facts as borne out from the pleadings.
3. The petitioners, being Trained Graduate Teachers [TGTs] [Arts] have filed the instant writ petition, with the following prayers:
(II) Issue a writ of Mandamus directing the respondents to release the entire consequential benefits along with interest @ 9% per annum from the date of their initial appointment to till the date of realization.
(III) Issue a writ of Mandamus directing respondents to extend sa
Court rules that selection process mandates regular appointments under existing recruitment rules, making contractual appointments illegal. Petitioners entitled to deemed regularization from their in....
The main legal point established in the judgment is that the retrospective application of amended rules introducing contractual mode of appointments to the disadvantage of the incumbents is impermiss....
The main legal point established in the judgment is that once selection was initiated under the Rules of 1973, the respondents cannot appoint on contractual basis when the contractual mode of recruit....
The main legal point established in the judgment is that the denial of deemed regular appointment to the petitioners, as Trained Graduate Teachers, from the date of their initial appointment on a con....
The central legal point established in the judgment is the interpretation of the Recruitment and Promotion Rules, 1973, and the legal right of the petitioners to be appointed on a regular basis.
Statutory service rules at selection commencement prevail over inconsistent advertisements or policies; pre-new rules contract appointees deemed regulars from initial date with full benefits, as rule....
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