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DEEPAK ROSHAN
Kala Nand Thakur – Appellant
Versus
State of Jharkhand, through the Principal Secretary, Department of Higher, Technical Education and Skill Development – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
Heard learned counsel for the parties.
2. The instant writ application was originally preferred by the petitioners for the following reliefs.
(ii) Further prays for quashing of Letter bearing Ref. No. SKNU/R-G/713/ 18 dated 08.09.2018 (Annexure-5) issued in pursuance of the aforesaid Letter dated 28.08.2018 of the Respondent No. 1. directing the concerned head of the Departments and the Principal / Professor In charge of the constituent Colleges under the Respondent No. 3 not to pay the salary of teaching employees in the academic Grade Pay of Rs. 7,000/- or Rs. 8,000/- until recommended by the Jharkhand Public Service Commission.
(iii) For a declaration that the impugned Letter No. 1680 dated 28.08.2018 is wholly illegal, arbitrary and suffers from complete non application of mind.
(iv) That during the pendency of the writ petition, the Respondents notified the Statutes for promotion vide letter No.2083
The principle established is that statutory provisions must not be arbitrary and should align with prior commitments made by the government, ensuring that employees receive their entitled benefits wi....
Promotions to the post of Professor must comply with U.G.C. regulations requiring eight years of service as Reader, and failure to provide a hearing before annulling promotions violates principles of....
The central legal point established in the judgment is that the 2010 Regulations provide for the counting of previous regular service for the purposes of grant of benefits under CAS, without making a....
(1) It is mandatory for UGC to be guided by directions issued by Central Government on questions of policy relating to national purposes by discharging its functions under UGC Act, 1956.(2) A Judgmen....
Petitioner having been appointed under Section 7(5) of the Act, only the Government will have powers to determine such appointment, transfer and the norms thereof.
Point of Law : It is akin to doctrine of benefits and burdens which at its most basic level provides that a person taking advantage under an instrument which both grants a benefit and imposes a burde....
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
Regulations framed under Clause (g) of Section 26, which dealt with regulation and maintenance of standards and regulation of facilities in Universities.
The court allows review of its previous judgment due to the non-production of crucial evidence and documents, which misled the court regarding the salary fixation and entitlement to advance increment....
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