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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIVEK SINGH THAKUR, SANDEEP SHARMA
Udham Singh Chaudhary – Appellant
Versus
State of HP – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
This petition has been preferred by the petitioner for reviewing the judgment dated 7th January, 2020 passed by the Division Bench of this High Court in LPA No. 244 of 2010 titled State of HP vs. Udham Singh Chaudhary vide which judgment of learned Single Judge dated 12th June, 2010 passed in CWP(T) No. 8686 of 2008 titled Udham Singh Chaudhary vs. State of HP has been set aside.
2. Respondent No.5 is the Maharaja Sansar Chand Memorial College, Thural, District Kangra (in short ‘MSCM College’) earlier being run as a private college by its Managing Committee but subsequently same was taken over vide Notification No. EDN-A-Kha(16)-2/2005(Thural), dated 9th November, 2005 issued by the Department of Education, which reads as under:-
“NOTIFICATION
The Governor, Himachal Pradesh is pleased to order the taking over of Maharaja Sansar Chand Memorial(MSCM) College, Thural, Distt. Kangra with immediate effect.
Further, the terms and conditions regarding taking over the services of Personnel and the assets/liabilities etc.will be notified separately…...”
3. Vide a separate Notification No.EDN-A-Kha(16)-2/2005(Thural) dated 18th October, 2016 issued by the Departm
Employees superannuated before the takeover of educational institutions by the State cannot claim gratuity and leave encashment from the State as those liabilities remain with the private institution....
The main legal point established in the judgment is the entitlement of teachers in privately managed colleges to gratuity and leave encashment, with the financial liabilities to be borne by the priva....
The court affirmed that under the Grant-in-Aid Scheme, the State is liable for the payment of retiral benefits to employees, and the appellant cannot shift this burden due to its litigation conduct.
Administrative decision must be reasonable and arbitrariness must be avoided.
The main legal point established in the judgment is the applicability of Punjab University Calendar Regulations in determining the age of superannuation for teachers in privately managed colleges, an....
The liability to pay the pension and other benefits payable under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 would be that of the State Government and not the University o....
Post-retiral benefits cannot be claimed without explicit legal provisions; temporary status of an institution does not confer entitlement to benefits as a permanent employee.
Charges of moral turpitude cannot be equated with legitimate complaints by an employee seeking redress for service rights; failure to comply with reinstatement orders deprives the employee of rightfu....
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