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TRIBHUVAN DAHIYA
Management Development Institute – Appellant
Versus
District Judge-Cum-Educational Tribunal, Gurugram – Respondent
JUDGMENT
Tribhuvan Dahiya, J.
This petition has been filed seeking a writ of certiorari setting aside the findings on points/issues (c)/(iii) and (d)/(iv) of the impugned judgment, dated 10.08.2021, Annexure P-1, passed by the District Judge- cum-Educational Tribunal, Gurugram, whereby respondent no.2 has been reinstated as Professor in the petitioner-Institute with full back wages.
Facts in brief
2. Facts of the case in brief are as under:
2.1. The petitioner/Management Development Institute (hereinafter referred to as 'the Institute') is a registered Society under the Societies Registration Act, 1860. The second respondent was offered appointment as Professor of Marketing in the Institute vide letter dated 01.03.2000, Annexure P-4, and joined as such. As per the terms, he was appointed on whole time basis subject to probation period of two years. On confirmation, his tenure was to continue until attaining the age of superannuation, which was initially sixty years and later raised to sixty five years. The appointment was in the pay scale of 18400-500-22400. The appointment letter clearly stipulates that in all matters, his service will be governed by the MDI Staff Regulations, 1986
The relationship between employees and a private unaided educational institution is governed by ordinary contract law, not public employment principles, thus no lien on the post can be claimed after ....
An employee cannot claim the right to retain his lien under his old employer once he has been selected by a new employer, unless the relevant Rules so provide.
Employment and Service matter - Right to retain his lien on post of Associate Professor - Non Objection certificate issued by respondent - Whether Justified - Respondents are justified in claiming th....
Temporary appointments in autonomous institutions do not confer permanent status or lien, maintaining the original cadre's substantive post as the employee's right.
A government servant cannot hold two liens simultaneously; termination of a lien on a permanent post requires acquisition of a lien on another permanent post outside the original cadre.
The court held that employment in aided institutions is governed by contract law unless statutory provisions apply, making the writ petition non-maintainable for internal disputes.
The court clarified that a relieving order related to a new appointment does not equate to resignation, thereby preserving the lien on the original post until permanent absorption occurs.
Minorities Educational Institution - Establishment and administration of - Minority Educational Institutions under Article 30(1) of Constitution of India have a right to appoint teaching staff includ....
Disciplinary proceedings must follow due process, including proper inquiry and adherence to principles of natural justice.
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