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J. J. MUNIR
Sunder Lal Dwivedi – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
J.J. MUNIR, J.
This writ petition is directed against an order of the Joint Director of Education, Jhansi Region, Jhansi dated 22.06.2015, refusing to regularize the services of the petitioner under Section 33F of the Uttar Pradesh Secondary Education (Services Selection Board) Act, 1982 (Uttar Pradesh Act No. 5 of 1982)[‘the Act of 1982’ for short]. There is a further prayer that this Court may issue a writ in the nature of mandamus-directing the Joint Director of Education, Jhansi Region, Jhansi, the District Inspector of Schools, Jalaun[‘DIOS’ for short] and the Committee of Management, Sanatandharm Inter College, Orai to pay the petitioner his monthly salary along with arrears since the month of December, 2009 until the date of his retirement.
2. The facts giving rise to this petition are that the Sanatandharm Inter College, District Jalaun[‘the Institution’ for short] is a duly recognized and aided intermediate college. The petitioner is a graduate and describes himself as trained in “Physical Science”. He applied for the post of an Assistant Teacher, L.T. Grade pursuant to an advertisement, the date and particulars whereof do not find mention. He was selected and appo
For regularization under Section 33-B of the Act, 1982, the person should have been continuously serving the institution from the date of appointment up to the date of the commencement of the Act, an....
The court affirmed that administrative actions must be taken within a reasonable time frame, and the cancellation of a long-standing appointment based on flawed reasoning is unjustified.
The court ruled that the termination of ad hoc teachers' services based on the Government Order was unjust and mandated fresh consideration of their regularization claims under the relevant statutory....
The court established that adherence to prescribed procedures and principles of natural justice is essential in administrative decision-making, particularly in matters affecting the rights of individ....
The judgment establishes that allegations of fraud and forgery must be supported by evidence, and impugned orders lacking such evidence are bad for want of authority of law.
The principle of res judicata bars the respondents from raising any objection with regard to the legality of the appointments of the petitioners.
The main legal point established in the judgment is that the appointment of the petitioner as an Assistant Teacher was made against a substantive vacancy, entitling the petitioner to regularization u....
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
A teacher cannot be dismissed for irregularity in appointment if they are not involved in any misrepresentation or conspiracy, and teachers are entitled to be paid salary until their claim is finally....
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