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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Manoj Kumar Sharma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. outsourced it teaching in schools since 2001. (Para 2 , 3 , 4 , 5) |
| 2. prior court directed regularization policy exploration. (Para 6) |
| 3. long service warrants parity regularization. (Para 7 , 12 , 18 , 21) |
| 4. pgt(ip) cadre created with experience qualification. (Para 8 , 9 , 16) |
| 5. recruitment rules upheld against equality challenge. (Para 10 , 11 , 13) |
| 6. state defends open recruitment per rules. (Para 14 , 15 , 17 , 19) |
| 7. no jurisdiction for backdoor regularization. (Para 20 , 22) |
| 8. sc deprecates ad-hocism in perennial employment. (Para 23 , 24) |
| 9. outsourcing temporary for perennial state functions. (Para 25 , 26 , 27) |
| 10. legitimate expectation mandates regularization. (Para 28 , 29 , 30) |
| 11. discrimination against outsourced vs scheme teachers invalid. (Para 31 , 32) |
| 12. regularize services with consequential benefits. (Para 33 , 34) |
JUDGMENT :
Satyen Vaidya, J.
The instant petition has been filed for the following substantive relief :-
“That the respondents may kindly be directed to take over the services of the applicants as Post Graduate Teachers (IP) on regular basis in the Education Department with effect from the date of their initial engagement as made by IT Comp
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 ....
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....
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
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....
Contractual skilled employees with over 18 years continuous service and regular pay scale entitled to regularization despite scheme funding, as state cannot exploit long-term labour under temporary l....
The court affirmed that employees with long, uninterrupted service in government positions, labeled 'casual,' are entitled to regularization under fairness and justice principles in public employment....
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