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J. J. MUNIR
Vinesh Kumar Tyagi – Appellant
Versus
State of U. P. through Secretary – Respondent
JUDGMENT :
Hon'ble J.J. Munir, J.
1. This judgment will dispose of the present writ petition and connected Writ-A No.16279 of 2019.
2. The present writ petition is directed against an order dated 29.11.2013 passed by the Director of Education (Secondary), U.P., Allahabad (now Prayagraj), insofar as it cancels the petitioner's regularization in service as a Lecturer (English) with the Hindu Inter College, Chandpur, District Bijnor. The said order, to the extent it relates to the petitioner, will hereinafter be referred to as 'the impugned order'. The petitioner also seeks consequential reliefs in the nature of directions to the respondents, to which allusion would be made in the course of this judgment.
3. Pending this writ petition, an interim order was granted on 12.02.2014, suspending the operation of the impugned order, and further, directing the respondents not to interfere with the services of the petitioner as the Officiating Principal of the institution last mentioned. And, pending this petition, while functioning as the Officiating Principal of the institution, known as the Hindu Inter College, Chandpur, District Bijnor (for short, 'the Institution'). The petitioner retired fro
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 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 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 court established that an employee appointed on an adhoc basis against a sanctioned post is entitled to regularization and seniority from the date of their initial appointment if similarly situat....
The cancellation of an employee's regularization based on arbitrary grounds violates principles of non-discrimination and due process, necessitating restoration of benefits to similarly situated indi....
The court held that actions taken by authorities without following due process to invalidate service and withhold pension are illegal and unenforceable.
The court established that the qualifications for regularization as per the statute take precedence over any conflicting requirements stated in advertisements, emphasizing the importance of adhering ....
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