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2006 Supreme(All) 1588
ALLAHABAD HIGH COURT
Tarun Agarwala, J.
Praveen Kant Uppadhyay Sri Kailash
Versus
State of U.P. through Principal Secretary Sports Govt. of U.P., Director/Principal
Civil Misc. Writ Petition 40447 of 2002
Decided On : 24 May 2006
Civil Misc. Writ Petition 24319 Of 2006
A.K.Dwivedi, AMIT BOSE, Anil Bhushan, ASHUTOSH TIWARI, D.R.SINHA, M.D.Mishra, P.K.UPADHYA, S.C.DWIVEDI, V.B.SINGH, V.K.SINGH, VIJAY SINHA,
Long-term employment and failure to fill sanctioned posts gave the petitioners a legitimate expectation for regularisation of their services.
Headnote:
Regularisation of Services - U.P. Sports College Society - Rules and Regulations - Summary
Fact of the Case:
The petitioners were appointed as Assistant Teachers on a contract basis in U.P. Sports College Society. They sought regularisation of their services, claiming to have worked for a considerable period on substantive vacancies.
Finding of the Court:
The Court found that the petitioners had a legitimate expectation for the regularisation of their services due to their long-term employment and the failure of the respondents to fill sanctioned posts. The Court directed the respondent Society to pursue the regularisation with the State Government or, if unsuccessful, to issue an advertisement for regular appointments after relaxing the age of the petitioners.
Issues: Regularisation of contract employees, legitimate expectation, failure to fill sanctioned posts, unfair labour practice
Ratio Decidendi: The petitioners' long-term employment and the failure to fill sanctioned posts gave them a legitimate expectation for regularisation. The respondent Society was directed to pursue regularisation with the State Government or issue an advertisement for regular appointments if the State Government failed to act.
Final Decision: Writ petitions dismissed as infructuous, except for the regularisation issue. The respondent Society directed to pursue regularisation with the State Government or issue an advertisement for regular appointments if the State Government fails to act.
( 1 ) THIS bunch of writ petitions raises similar questions, therefore is being decided together.
( 2 ) THE petitioner Sri Praveen Kant Upadhyay, has filed Writ Petition No. 40447 of 2002 alleging that he was appointed as an Assistant Teacher by an order dated 2. 9. 2001, but was designated as a Guest Subject Expert. The appointment was made on a contract basis, on a fixed pay of Rs. 5000/- per month and for a limited period. It was alleged that the appointment was made with a legitimate expectation, that one day, the services of the petitioner would be regularised in the respondents college. The petitioner further alleged that his appointment was made against a substantive vacancy. It was also alleged that no Rules have been framed for regulating the service conditions of the teaching staff of the respondent college. The petitioner, therefore, prayed that having worked for two years on a substantive post, he was liable to be regularised in the service.
( 3 ) DURING the pendency of the aforesaid writ petition, it transpires that an advertisement dated 1. 5. 2003 was issued inviting applications for appointment on the posts of Assistant Teacher in guru Govind Singh Sports College, Lucknow and Bir Bahadur Singh Sports College, gorakhpur. The petitioner, Sri P. K. Upadhyay, therefore filed Civil Misc. Writ Petition No. 22493 of 2003 praying for the quashing of the advertisement dated 1. 5. 2003, on the ground, that having worked for more than two years on a substantive post, he was entitled to be regularised in the service.
( 4 ) DURING the pendency of the writ petitions, the respondents issued another advertisement dated 23. 12. 2004 inviting applications for appointment of Assistant Teachers in the Sports College. This advertisement was again challenged by Sri P. K. Upadhyay by filing Civil Misc. Writ petition No. 3733 of 2005.
( 5 ) IN all the aforesaid three writ petitions, interim orders were passed. In Writ Petition No. 40447 of 2002, an interim order dated 25,9. 2002 was passed directing the petitioner to continue as a teacher till such time a regularly selected candidate joined the post. When the advertisement dated 23. 12. 2004 was issued, an interim order dated 28. 1. 2005 was passed directing that the selection process would continue but the results would not to be declared.
( 6 ) SMT. Deep Mala and others also filed Civil Misc. Writ Petition No. 33224 of 2002 praying for the regularisation of their services. The said petitioners contended that they were working as assistant Teachers since 1991, 1992, 1993 and 1996 respectively, against sanctioned posts which were created on 9. 2. 1990. They further contended that they were working against the substantive vacancies and had the requisite qualifications and that similarly situated persons were given appointments in the Sports College of Lucknow. The said petitioners has brought on record indicating that the Board of Management as well as the Principal of the Sports College had written several letters to the State Government and to the Sports Minister for the regularisation of their services. Consequently, in view of the length of the service, the petitioners prayed that they are entitled to be regularised. The said petitioners also filed Civil Misc. Writ petition No. 22954 of 2006, challenging the advertisement dated 1. 5. 2003 and 3. 5. 2003 which was issued for the appointment of the Assistant Teachers.
( 7 ) SRI Ram Lautan has also filed Writ Petition No. 24319 of 2006 praying that pursuant to the advertisement dated 23. 12. 2004, he had applied for appointment on the post of Assistant Teacher and that he appeared in the interview which was held on 19. 1. 2006. The petitioner prayed that the results of the interview should be declared and the post which were advertised be filled up.
( 8 ) DURING the pendency of the writ petitions, the petitioner, Sri P. K. Upadhayay filed amendment applications stating that the Sports College, Gorakhpur had been upg
