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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA
Kuldeep Chand – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. right to regular appointment and benefits. (Para 3 , 5) |
| 2. principle of deemed regular appointment upheld. (Para 4 , 8) |
| 3. contractual appointment rules applied prospectively. (Para 6 , 10) |
| 4. entitlement to equal treatment under articles 14 & 16. (Para 11) |
| 5. petitioners to represent for benefits and rights. (Para 13 , 14 , 15) |
Ranjan Sharma, J.
1. Notice. Mr. Rajan Kahol, learned Additional 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, have filed the instant writ petition with the following prayer(s):-
“(i) Issue a writ of Mandamus directing respondents to regularize the services of the petitioners with effect from the date of their initial engagement/appointment with all consequential benefits on the principle of equality as they are appointed on b atch wise basis under same requisition of seats under category of ward of ex-serviceman as per un-amended Rules.
(ii) Issue a writ of Mandamus directing responde
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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