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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Ram Narayan Thakur – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition seeks regularization after 13+ years service (Para 1 , 2 , 3) |
| 2. contractual engagements with repeated interviews and salary hikes (Para 4 , 5 , 6 , 7) |
| 3. respondents claim need-based, non-sanctioned temporary engagement (Para 8 , 9 , 10) |
| 4. undisputed long service as sole qualified history teacher (Para 11 , 12 , 16) |
| 5. writ maintainable against government-funded deemed university (Para 13 , 14 , 15) |
| 6. rejects need-based defence; sanctioned post exists for perennial work (Para 17 , 18) |
| 7. prohibits perpetual temporary employment for permanent roles (Para 19) |
| 8. equity demands regularization of ad-hoc perennial public workers (Para 20 , 21) |
| 9. exploitation via low pay violates sc anti-ad-hocism rulings (Para 22 , 23) |
| 10. orders regularization with consequential benefits (Para 24 , 25) |
JUDGMENT :
Satyen Vaidya, J.
The instant petition has been filed for the following substantive reliefs: -
“(i) That an appropriate writ, order or directions may kindly be issued and respondents may kindly be directed to regularize the services of the petitioner as lecturer (now re-designated as Assistant Professor) forthwith by further directing the respondents to pay regular scale to
Prolonged contractual engagement for perennial teaching in public-funded institution mandates regularization with full benefits, rejecting ad-hocism and temporary exploitation despite need-based clai....
Longstanding service in a sanctioned post establishes right to regularization despite procedural irregularities in recruitment, supporting equitable treatment of long-term employees.
Perpetual outsourcing of perennial public functions like school IT education unconstitutional; long-serving teachers entitled to regularization on parity grounds, prohibiting ad-hocism and upholding ....
Contractual employees appointed by government, serving continuously over years on perennial work, entitled to regularization per policy despite salary from external funds or unilateral designation ch....
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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