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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Shyam Deo Singh, Son of Late B.Ν. Singh – Appellant
Versus
State of Jharkhand through the Secretary – Respondent
| Table of Content |
|---|
| 1. factual background of employment and absorption (Para 3 , 4 , 5 , 6 , 7 , 10 , 12 , 13 , 14) |
| 2. arguments regarding fault and procedural fairness (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. court's reasoning on absorption and break in service (Para 24 , 25 , 26 , 28 , 29 , 30 , 32 , 36) |
| 4. no work no pay principle and justice equity reasoning (Para 31 , 34) |
| 5. conclusion allowing the writ application (Para 38) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the Petitioner praying therein for following reliefs: -
i. For issuance of an appropriate writ(s)/order(s)/direction(s) or a writ in the nature of certiorari for quashing the part of the notification dated 20.06.2009 issued under the order of the Respondent No. 3 so far as it relates to giving an imaginary date of absorption as the Respondent University have absorbed the service of the Petitioner from the date of notification that is 20.06.2009 and not from 29.11.1986 (date on which all the similarly situated person have been absorbed) in contravention of the judgement passed by the Hon’ble Supreme Court of India in Civil Appeal No. 6098/97 acc
An employee's service cannot be deemed broken due to the employer's failure to absorb them properly, violating natural justice principles; service must be counted for pension and related benefits.
Finality of administrative decisions in educational governance ensures adherence to past judgments regarding teacher absorption without arbitrary delays or changes.
The university has exclusive authority over faculty absorption and regularization based on commission recommendations, and previous government notifications remain valid.
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 exclusive power and jurisdiction of the University in the matter of absorption of staff of constituent colleges, as provided in Section 4(1)(14....
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