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RAVI RANJAN, SUJIT NARAYAN PRASAD
Sunil Kumar Yadav S/o Late Ramdhani Prasad Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
Since the issues involved in the instant batch of writ petitions are identical, the same were heard together and are being disposed of by this common order.
Prayer made in the writ petitions:
2. These writ petitions have been filed, under Article 226 of the Constitution of India, for the following reliefs:
(a). For direction upon the respondents to regularize the services of the petitioners, who have been appointed on the post of para teachers under Sarva Shiksha Abhiyan, as per their seniority.
(b).For direction upon the respondents to appoint the petitioners against the vacant and sanctioned posts of Assistant Teacher, on the basis of their valid appointment on the post of para teachers, on the ground that they have already completed 240 days of continuous service in a calendar year.
(c).Further direction upon the respondents to pay salary and other allowances in favour of petitioners para teachers at par with regular Assistant Teachers, since they are discharging similar duty as that of regular Assistant Teachers.
(d).For declaration of rules fram
No judicial mandamus for blanket regularization of scheme para-teachers into cadre posts contrary to Art.309 rules reserving 50% quota; State directed to periodically notify/fill earmarked vacancies ....
The court established that under Article 226 of the Constitution of India, there cannot be a direction for regularization of services. The nature of appointment, acceptance of contractual terms, and ....
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
The court emphasized the principle of equal pay for equal work and mandated reconsideration of petitioners' claims for regularization and pay, acknowledging their qualifications and similar duties co....
The court directed the State to formulate a regularization scheme for Post Graduate Teachers under Samagra Shiksha Abhiyan, emphasizing the need for consultation with the Central Government.
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