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SUNITA AGARWAL, VIKAS BUDHWAR
State of U. P. – Appellant
Versus
Sushila Joshi – Respondent
JUDGMENT :
Heard Sri Rajeev Singh, learned Standing Counsel for the appellants and Sri Arvind Kumar Singh for the sole respondent.
2. This intra-Court appeal is against the judgement and order dated 13.5.2022 in Writ A No. 4124 of 2022, Dr. (Smt) Sushila Joshi v. State of U.P. and others, whereby the writ petition of the respondent had been allowed, the orders of the appellants dated 7.7.2015, 15.5.2020 and 2.6.2020 were set aside and a mandamus was issued to the appellants to regularise the services of the writ petitioner from the date of regularization of similarly situated persons, coupled with the payment of her regular salary till the date of her retirement and for computation and payment of post-retiral benefits alongwith the interest.
3. The case of the writ petitioner before the learned Single Judge was that she possesses academic qualification of passing High School with 54.80%, Intermediate with 50.40%, B.A. with 47.20%, M.A. with 57.20% and also awarded Ph.D. degree in the year 1986 from the Garhwal University, Srinagar, Garhwal. As per the writ petitioner, the State Government in exercise of the powers as conferred therein had issued a Government order dated 30.3.1987 p
Eligibility for regularization and pension is contingent upon meeting the prescribed qualifications at the time of appointment and undergoing a selection process.
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The main legal point established in the judgment is the requirement for conducting regular selections for the post of Asstt. Professor in accordance with the UGC Regulations of 2010, and the emphasis....
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Regularization of services of lecturers requires adherence to specific eligibility criteria and procedures; failure to comply results in the denial of such claims.
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.
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