Board of School Education vs Raghbir Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1011

SANJEEV PRAKASH SHARMA, SUDEEPTI SHARMA
Board of School Education – Appellant
Versus
Raghbir Singh – Respondent

Advocates Appeared:
Mr. K.K. Gupta, Advocate; For the Appellantin LPA-553-2019 for Respondent No.2 in LPA-473-2019.
Mr. Sandeep Thakar, Advocate for Respondent No.1 in LPA-553-2019; For the Appellantin LPA-473-2019.

JUDGMENT

Mr. Sanjeev Prakash Sharma, J. (Oral) LPA-553-2019 (O&M)

This is an LPA preferred against the judgment passed by the Court in CWP- 11424-2015 dated 05.12.2018 whereby the Single Bench, after noticing the judgments passed in the case of Subhash Kumari v. State of Haryana and others reported in 2017 (1) S.C.T. 380 and Secretary, State of Karnataka and others v. Uma Devi and others reported in 2006 (4) SCC 1, has found that the writ petitioner had rendered 31 years of unblemished service with the appellant and directed as under:

"5.) Having heard the rival contentions of both the learned counsels and in view of the fact that the case of the petitioner was recommended by the then Chairman, I am of the view that the petitioner having rendered 31 years of unblemished service cannot be denied the benefit of regularization. It is not in dispute that the Board has extracted the work from the employee on the same very post to which he has been throughout seeking regularization. It is too late now in view of the judgments ibid for the Board to contend that the petitioner does not fulfill the qualifications as he does not have matriculation with second division, though it is not in disp

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