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S. N. PATHAK
Priyanka Kumari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. Pathak, J.
The issues involved in both the writ petitions are same, similar and identical and as such they have been tagged and heard together on various dates and are being disposed of by this common order.
PRAYER
2. The writ petitioners in both these writ petitions have knocked the door of this Court for a direction upon the respondents to regularize their services to the post of Tutor under the respondents – RIMS and allow them to work to the said post.
FACTS OF THE CASE
3. As per factual matrix, an advertisement no. 910, dated 19.02.2016 and advertisement no. 2250, dated 28.03.2017 were floated for appointment of Tutors in various Department of RIMS. Being eligible, petitioners applied for the same and after following the due procedures, they were appointed upon found fit vide appointment letters dated 06.12.2017 to the tenure post of Tutor in the Pay Scale of Rs.9.300 – 34,800 + Grade Pay of Rs.5,400 for a period of three years. Petitioners fulfill all the requisite educational and other qualifications and since the date of their appointments, they are discharging their duties to the said teaching post of Tutor in different Departments (Dental Institute) under the re
The main legal point established in the judgment is that employees appointed to tenure posts for a specified period cannot claim permanence or continuance of their tenure beyond the specified period,....
The main legal point established in the judgment is that the acceptance of terms and conditions of employment, which clearly indicate the nature of the post as a 'tenure post' for a fixed period, pre....
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....
Temporary or contractual employees lack legal entitlement to regularization unless appointed through lawful selection processes as established by precedent.
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
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 ....
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