Back
RAJESH SINGH CHAUHAN
Subhash Kumar – Appellant
Versus
State of U. P. Thru Prin. Secy. Seconadry Edu. Civil Sectt. – Respondent
JUDGMENT :
1. Heard Sri Prashant Chandra, Sri J.N. Mathur, learned Senior Advocates assisted by Sri H.K.Srivastava and Sri Akbar Ahmad appearing on behalf of the petitioners in Writ Petition No.9389 (S/S) of 2018, Dr. L.P. Mishra, Advocate assisted by Sri Mukund Madhav Asthana in Writ Petition No.5995 (S/S) of 2018, Sri Hari Prasad Gupta, learned counsel for the petitioners in Writ Petition No.22948 (S/S) of 2019 and Writ Petition No.13641 (S/S) of 2018 and Sri Ramesh Kumar Singh, learned Additional Advocate General of U.P. assisted by Sri Pratyush Tripathi, learned Standing Counsel for the State Respondents.
2. Learned Standing Counsel has submitted that the counter affidavit of the State filed in Writ Petition No.13641 (S/S) of 2018 may be read as counter affidavit in Writ Petition No.22948 (S/S) of 2019. Likewise, the counter affidavit of the State filed in Writ Petition No.9389 (S/S) of 2018 may be read as counter affidavit in Writ Petition No.24443 (S/S) of 2020.
3. Since the rejoinder affidavits have also been filed in those writ petitions and parties are agreeable that those affidavits may be treated sufficient for all the writ petitions, therefore, those affidavits shall be tr
Educational Institution - There is no specific Act, Rule or statutory backing for passing provincialisation order as it could have been issued in an exceptional circumstance but following norms. Peti....
The revival of provincialisation orders for teachers is permissible following the enactment of new legislation that addresses the rights of employees previously affected by a struck-down statute.
Provincialisation of services under the Assam Venture Institutions Act requires compliance with statutory procedures, and cannot be deemed without a final decision from the State Government, especial....
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
The School Management Committee had the authority to terminate a teacher's service prior to provincialization notification; thus, the revocation of the cancellation order was in error.
Retrospective application of cut-off dates in legislation violating vested rights is unconstitutional under Article 14; tutors as government servants are entitled to equal treatment with regular pay ....
An uncommunicated termination is invalid, and continuous service is essential for provincialization under the relevant educational act.
In matters of provincialization of teachers, seniority within the respective category is the sole criterion for determining eligibility when the number of employees exceeds sanctioned posts. Subject ....
The Court established that seniority for provincialization of teachers' services must be determined based on accurate service records as per the Assam Education Act, 2017.
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
