Back
S. N. PATHAK
Uday Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. Pathak, J.
Heard the parties.
Prayers made
2. Petitioner has approached this Court with a prayer for quashing the order dated 7th February, 2018 (Annexure-17) passed by the respondent-State authorities, whereby the pay fixation of the petitioner has been rejected.
Further prayer has been made for Quashing of the part of the notification dated 7th March, 2009 (Annexure-24) whereby the services of the petitioner has been absorbed at KCB College even when the petitioner had admittedly been working at Mandar College, Mandar.
Petitioner has also prayed for direction upon the respondents to hold and declare that the absorption of Mr. B.K. Sahu, the respondent no.6 against ‘R-1’ post in the department of Mathematics at the Mandar College, Mandar is bad in law and further absorb the services of the petitioner against the ‘R-1’ posts in the Department of Mathematics at Mandar College, Mandar with effect from the date of joining of the petitioner and grant all consequential benefits of pay-fixation under 5th and 6th PRC, which have been made applicable w.e.f. 01.01.1996 and 01.01.2006 respectively.
Factual Matrix
3. Sans of unnecessary details, the petitioner having fulfilled the req
The University had the power to adjust the petitioner and respondent No. 6, and they were entitled to all benefits, including retiral benefits and pay-scale revision.
The main legal point established in the judgment is the exclusive power and jurisdiction of the University in the matter of absorption of staff of constituent colleges, as provided in Section 4(1)(14....
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
Finality of administrative decisions in educational governance ensures adherence to past judgments regarding teacher absorption without arbitrary delays or changes.
Eligibility for absorption and pay revisions requires documented qualifications and adherence to procedural norms; claims without proper recommendations or evidence are unvalid.
The main legal point established in the judgment is the eligibility of the petitioner for absorption in government service based on his educational qualifications and the violation of principles of n....
Absorption of university teachers requires both eligibility and availability of sanctioned posts; mere eligibility does not suffice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
