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AJIT KUMAR
Sunil Kumar Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Ajit Kumar, J.-Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Parashar Pandey, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State-respondents.
2. Petitioner who has finally retired as Lecturer from the institution of 5th respondent on 31.3.2022, has approached this Court questioning the decision of the Regional Selection Committee dated 2.5.2022 whereby his claim for regularisation as Lecturer has been rejected and so resultantly he stands denied of post retirement dues including pension.
3. Briefly stated facts of the case are that on account of one Suraj Prakash Agrawal, Lecturer (Chemistry) proceeding on long leave, the committee of management proceeded to fill up such short term vacancy by appointing petitioner as ad-hoc Lecturer on 29.10.1985. The appointment of the petitioner though came to be approved by the District Inspector of Schools (DIOS) but he was not paid any salary. Resultantly, petitioner filed a writ petition before this Court being Writ-A No. 20807 of 1986 and the High Court while entertaining the petition issued a direction on 17.12.1986 to the effect that until services of the petition
The court established that a teacher's continuous absence for five years leads to deemed abandonment of service, allowing for regularisation under specific provisions of the Act.
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 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.
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 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....
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Point of law : The one-time exercise should consider all daily-wage/ad-hoc/casual employees who had put in 10 years of continuous service as on 10-4-2006 without availing the protection of any interi....
Temporary or contractual employees lack legal entitlement to regularization unless appointed through lawful selection processes as established by precedent.
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