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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Manoj Kumar – Appellant
Versus
National Law University, Shimla – Respondent
| Table of Content |
|---|
| 1. clubbing similar regularization petitions. (Para 1 , 2) |
| 2. regular posts but petitioners given contract appointments. (Para 3 , 4 , 5 , 6) |
| 3. writ unmaintainable; no regularization for contractuals. (Para 7 , 8 , 9) |
| 4. arbitrary regular-contract distinction violates equality. (Para 10 , 11 , 12) |
| 5. tentative posts; committee recommended excess regulars. (Para 13 , 14 , 15 , 16) |
| 6. initial 30 sanctioned; later reduced to 17. (Para 17 , 18) |
| 7. no contract provision; appointments regular ab initio. (Para 19 , 20) |
| 8. fictional breaks and unequal bargaining invalid. (Para 21 , 22 , 23 , 24) |
| 9. regulations mandate regular appointments; policy applies. (Para 25 , 26 , 27) |
| 10. cadre review cannot disengage eligible staff. (Para 28 , 29 , 30) |
| 11. university regulations require regular nature appointments. (Para 31 , 32) |
| 12. nlu is state; writ maintainable. (Para 33) |
| 13. uma devi inapplicable to selected candidates. (Para 34 , 35 , 36 , 37) |
| 14. deem petitioners regularly appointed from inception. (Para 38) |
JUDGMENT :
SANDEEP SHARMA, J.
1. Since common questions of law and facts are involved in the above captioned cases and similar reliefs have been prayed for, this Court, after clubbing
Selected candidates for regular posts cannot be arbitrarily appointed on contract; such appointments deemed regular from inception, fictional service breaks invalid, entitling continuity, re-engageme....
Temporary employees appointed via constitutional procedures are entitled to regularization, highlighting the need for compliance with recruitment mandates to ensure fairness and uphold employee right....
Since the similarly situated persons have already been extended the benefit of regularization, the University should have taken up the cases of the respondents petitioners on its own and as a model e....
The main legal point established in the judgment is that the Petitioners' service should have been regularized as they were engaged against sanctioned posts by following due process of selection and ....
The court recognized the right of the State to appoint persons on temporary basis to meet its exigencies, and held that the failure of the ATTC to maintain the student to lecturer ratio and the petit....
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