Back
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
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 accepting the recommendation made by the S.C Agrawal Commission in totality and also in lieu of the fact that the name of the Petitioner appeared in the list of non-teaching staff working against sanction post out of which all other have absorbed w.e.f. 29.11.1986;
ii. To hold and declared that in view of the memo number 717 dated 01.12.2008 the service of the Petitioner ought to have regularized w.e.f. 30.04.1986 i.e. date of
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....
Past service counts towards pension eligibility for full-time employees despite previous contractual status, aligning with government policy.
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
