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IN THE HIGH COURT OF ALLAHABAD
ROHIT RANJAN AGARWAL, J.
Vinod Kumar Srivastava - Petitioner
Versus
State Of Uttar Pradesh And Others - Respondents
Writ A. No. 21492 of 2023 Connected With WRIT A. No. 5731 of 2024, WRIT A. No. 2365 of 2024, WRIT A. No. 3598 of 2024, WRIT A. No. 3734 of 2024, WRIT A. No. 3757 of 2024, WRIT A. No. 3841 of 2024, WRIT A. No. 3802 of 2024, WRIT A. No. 3803 of 2024, WRIT A. No. 3868 of 2024, WRIT A. No. 4049 of 2024, WRIT A. No. 4056 of 2024, WRIT A. No. 4078 of 2024, WRIT A. No. 4080 of 2024, WRIT A. No. 4110 of 2024, WRIT A. No. 4114 of 2024, WRIT A. No. 4116 of 2024, WRIT A. No. 4118 of 2024, WRIT A. No. 4720 of 2024, WRIT A. No. 4241 of 2024, WRIT A. No. 4565 of 2024, WRIT A. No. 4824 of 2024, WRIT A. No. 751 of 2024, WRIT A. No. 772 of 2024, WRIT A. No. 844 of 2024, WRIT A. No. 852 of 2024, WRIT A. No. 908 of 2024, WRIT A. No. 1700 of 2024, WRIT A. No. 20667 of 2023, WRIT A. No. 20704 of 2023, WRIT A. No. 2349 of 2024, WRIT A. No. 397 of 2024, WRIT A. No. 624 of 2024, WRIT A. No. 826 of 2024, WRIT A. No. 1410 of 2024, WRIT A. No. 863 of 2024, WRIT A. No. 21600 of 2023, WRIT A. No. 584 of 2024, WRIT A. No. 2406 of 2024, WRIT A. No. 2933 of 2024, WRIT A. No. 419 of 2024, WRIT A. No. 533 of 2024, WRIT A. No. 20802 of 2023, WRIT A. No. 21695 of 2023, WRIT A. No. 2393 of 2024, WRIT A. No. 1001 of 2024, WRIT A. No. 1088 of 2024, WRIT A. No. 1144 of 2024, WRIT A. No. 1221 of 2024, WRIT A. No. 1237 of 2024, WRIT A. No. 1316 of 2024, WRIT A. No. 1715 of 2024, WRIT A. No. 20700 of 2023, WRIT A. No. 21307 of 2023, WRIT A. No. 2430 of 2024, WRIT A. No. 2905 of 2024, WRIT A. No. 468 of 2024, WRIT A. No. 21228 of 2023, WRIT A. No. 695 of 2024, WRIT A. No. 1078 of 2024, WRIT A. No. 1173 of 2024, WRIT A. No. 1229 of 2024, WRIT A. No. 1446 of 2024, WRIT A. No. 21689 of 2023, WRIT A. No. 556 of 2024, WRIT A. No. 655 of 2024, WRIT A. No. 709 of 2024, WRIT A. No. 732 of 2024, WRIT A. No. 1671 of 2024, WRIT A. No. 1799 of 2024, WRIT A. No. 20881 of 2023, WRIT A. No. 2067 of 2024, WRIT A. No. 2307 of 2024, WRIT A. No. 1536 of 2024, WRIT A. No. 1855 of 2024, WRIT A. No. 2036 of 2024, WRIT A. No. 21205 of 2023, WRIT A. No. 2969 of 2024, WRIT A. No. 541 of 2024, WRIT A. No. 626 of 2024, WRIT A. No. 1055 of 2024, WRIT A. No. 1079 of 2024, WRIT A. No. 1121 of 2024, WRIT A. No. 2915 of 2024, WRIT A. No. 945 of 2024, WRIT A. No. 2896 of 2024, WRIT A. No. 2925 of 2024, WRIT A. No. 20456 of 2023, WRIT A. No. 1139 of 2024, WRIT A. No. 544 of 2024, WRIT A. No. 1132 of 2024, WRIT A. No. 20150 of 2023, WRIT A. No. 20698 of 2023, WRIT A. No. 599 of 2024, WRIT A. No. 773 of 2024, WRIT A. No. 1234 of 2024, WRIT A. No. 3582 of 2024, WRIT A. No. 1242 of 2024, WRIT A. No. 740 of 2024, WRIT A. No. 748 of 2024, WRIT A. No. 17168 of 2023, WRIT A. No. 8532 of 2024, WRIT A. No. 20162 of 2023, WRIT A. No. 20558 of 2023, WRIT A. No. 391 of 2024, WRIT A. No. 1984 of 2024, WRIT A. No. 1105 of 2024, WRIT A. No. 1112 of 2024, WRIT A. No. 1118 of 2024, WRIT A. No. 1125 of 2024, WRIT A. No. 1145 of 2024, WRIT A. No. 1153 of 2024, WRIT A. No. 1155 of 2024, WRIT A. No. 1231 of 2024, WRIT A. No. 1245 of 2024, WRIT A. No. 1250 of 2024, WRIT A. No. 1262 of 2024, WRIT A. No. 1273 of 2024, WRIT A. No. 1288 of 2024, WRIT A. No. 1291 of 2024, WRIT A. No. 1329 of 2024, WRIT A. No. 1358 of 2024, WRIT A. No. 1380 of 2024, WRIT A. No. 1524 of 2024, WRIT A. No. 1551 of 2024, WRIT A. No. 1575 of 2024, WRIT A. No. 1675 of 2024, WRIT A. No. 1709 of 2024, WRIT A. No. 1731 of 2024, WRIT A. No. 1736 of 2024, WRIT A. No. 1739 of 2024, WRIT A. No. 1750 of 2024, WRIT A. No. 1759 of 2024, WRIT A. No. 1798 of 2024, WRIT A. No. 2009 of 2024, WRIT A. No. 1648 of 2024, WRIT A. No. 2089 of 2024, WRIT A. No. 2092 of 2024, WRIT A. No. 21034 of 2023, WRIT A. No. 21309 of 2023, WRIT A. No. 2143 of 2024, WRIT A. No. 2147 of 2024, WRIT A. No. 2154 of 2024, WRIT A. No. 2154 of 2024, WRIT A. No. 2164 of 2024, WRIT A. No. 2187 of 2024, WRIT A. No. 2189 of 2024, WRIT A. No. 2191 of 2024, WRIT A. No. 2354 of 2024, WRIT A. No. 2360 of 2024, WRIT A. No. 2399 of 2024, WRIT A. No. 2413 of 2024, WRIT A. No. 2422 of 2024, WRIT A. No. 2454 of 2024, WRIT A. No. 2458 of 2024, WRIT A. No. 2460 of 2024, WRIT A. No. 2469 of 2024, WRIT A. No. 2476 of 2024, WRIT A. No. 2511 of 2024, WRIT A. No. 2528 of 2024, WRIT A. No. 2617 of 2024, WRIT A. No. 2679 of 2024, WRIT A. No. 2681 of 2024, WRIT A. No. 2714 of 2024, WRIT A. No. 2757 of 2024, WRIT A. No. 2780 of 2024, WRIT A. No. 2813 of 2024, WRIT A. No. 2873 of 2024, WRIT A. No. 2875 of 2024, WRIT A. No. 2886 of 2024, WRIT A. No. 293 of 2024, WRIT A. No. 2937 of 2024, WRIT A. No. 2938 of 2024, WRIT A. No. 294 of 2024, WRIT A. No. 2944 of 2024, WRIT A. No. 3064 of 2024, WRIT A. No. 3116 of 2024, WRIT A. No. 3179 of 2024, WRIT A. No. 3224 of 2024, WRIT A. No. 3277 of 2024, WRIT A. No. 402 of 2024, WRIT A. No. 4033 of 2024, WRIT A. No. 4224 of 2024, WRIT A. No. 478 of 2024, WRIT A. No. 561 of 2024, WRIT A. No. 630 of 2024, WRIT A. No. 635 of 2024, WRIT A. No. 643 of 2024, WRIT A. No. 667 of 2024, WRIT A. No. 681 of 2024, WRIT A. No. 697 of 2024, WRIT A. No. 5805 of 2024, WRIT A. No. 7890 of 2024, WRIT A. No. 8218 of 2024, WRIT A. No. 5886 of 2024, WRIT A. No. 6015 of 2024, WRIT A. No. 9025 of 2024, WRIT A. No. 5737 of 2024, WRIT A. No. 6403 of 2024, WRIT A. No. 6022 of 2024, WRIT A. No. 7441 of 2024, WRIT A. No. 7611 of 2024, WRIT A. No. 1074 of 2024, WRIT A. No. 4250 of 2024, WRIT A. No. 4088 of 2024, WRIT A. No. 2244 of 2024, WRIT A. No. 4406 of 2024, WRIT A. No. 1920 of 2024, WRIT A. No. 2264 of 2024, WRIT A. No. 7661 of 2024, WRIT A. No. 21383 of 2023, WRIT A. No. 2472 of 2024, WRIT A. No. 3244 of 2024, WRIT A. No. 3283 of 2024, WRIT A. No. 21204 of 2023, WRIT A. No. 507 of 2024, WRIT A. No. 3046 of 2024, WRIT A. No. 3049 of 2024, WRIT A. No. 3105 of 2024, WRIT A. No. 3205 of 2024.
Decided On : 30-09-2024
(A) Uttar Pradesh Secondary Education Service Selection Board Act, 1982 - Sections 33-B, 33-C, 33-F, and 33-G - Regularization of Assistant Teachers - The court found that the Government Order dated 09.11.2023 was issued on a wrong premise and terminated services of ad hoc teachers without due consideration of statutory provisions. The court directed the Regional Regularization Committee to consider claims for regularization in light of the provisions of the Act and ensure that teachers who have served for long periods are not denied their rights due to technicalities. (Paras 149, 150)
(B) Regularization - The court emphasized the need for sympathetic consideration of long-serving teachers and directed that their claims be processed expeditiously, ensuring that necessary documents are obtained from management committees. (Paras 145, 146)
JUDGMENT :
(Rohit Ranjan Agarwal, J.)
1. This bunch of writ petitions raises somewhat similar question for consideration by this Court filed under Article 226 of the Constitution of India. The leading case being Writ-A No.21492 of 2023 (Vinod Kumar Srivastava vs. State of Uttar Pradesh and Ors.), wherein orders dated 21.11.2023 and 22.11.2023 passed by District Inspector of Schools, Jalaun at Orai is under challenge stopping salary of the petitioner in terms of Government Order dated 09.11.2023.
2. Petitioners before this Court have raised serious question as to the competence of the Regional Regularization Committee constituted by the State Government for looking into regularization of the Assistant Teachers appointed against the short term vacancy/ad hoc appointment in view of the provisions of Section 33-B, C, F, and G.
3. The claim for regularization in most of cases has been rejected by the Committee relying upon the decision rendered by the Apex Court in case of Sanjay Singh and others vs. State of Uttar Pradesh and others, Civil Appeal No. 8300 of 2016, decided on 26.08.2020 and Government Order dated 09.11.2023.
4. The State Government had promulgated Uttar Pradesh Secondary Education Service Selection Board Act, 1982 (hereinafter called as “Act of 1982”). Section 33-B was inserted by Uttar Pradesh Act, 1991 w.e.f. 06.04.1991 relating to regularization of appointment of all teachers other than the Principal or Head Master who was appointed by promotion or by direct recruitment in the Lecturer grade or Trained Graduate grade on or before May 14, 1991 or in the Certificate of Teaching grade (CT Grade) on or before May 13, 1989 against a short term vacancy in accordance with Paragraph 2 of the The Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 and such vacancy was subsequently converted into a substantive vacancy.
5. It was also provided that any appointment made by direct recruitment on or after July 14, 1981 but not later than June 12, 1985 on ad hoc basis against a substantive vacancy in CT grade through advertisement and such appointment being approved by the Inspector, or appointment made by promotion or by direct recruitment on or after July 31, 1988 but not later than May 14, 1991 on ad hoc basis against a substantive vacancy in accordance with law.
6. The State thereafter inserted Section 33-C through Uttar Pradesh Act No.25 of 1998 w.e.f. 20.04.1998 for regularization of certain more appointments of teachers post May 14, 1991 but not later than August 6, 1993 on ad hoc basis against substantive vacancy in accordance with Section 18, in the Lecturer grade or Trained Graduate grade.
7. The Act of 1982 was further amended and Section 33-F was inserted by Uttar Pradesh Ordinance No.19 of 2000 for regularization of appointment against short term vacancies of teachers appointed by promotion or by direct recruitment in the Lecturer’s grade or Trained Graduate grade on or after May 14, 1991 but not later than August 6, 1993 against a short term vacancy in accordance with Paragraph 2 of The Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 as amended from time to time.
8. Section 33-G was inserted by Uttar Pradesh Act No.7 of 2016 providing for regularization of certain more appointments against the short term vacancies of teachers other than the Principal or Head Master who was appointed by promotion or by direct recruitment in the Lecturer’s grade or Trained Graduate grade on or after August 7, 1993, but not later than January 25, 1999 against a short term vacancy in accordance with paragraph 2 of The Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 as amended from time to time. It was also provided that those teachers who were appointed by promotion or by direct recruitment on or after August 7, 1993, but not later than December 30, 2000 on ad hoc basis against subst
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....
High Courts, in exercising power under Article 226 of Constitution will not issue directions for regularization, absorption or permanent continuance, unless employees claiming regularisation had been....
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.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
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....
The court established that employees cannot claim regularization unless they are working against sanctioned posts, as per the Jharkhand Regularization Rules of 2015 and 2019.
The court established that daily-wage employees engaged before the cut-off date are entitled to regularization under the Rules of 2016, regardless of initial appointment irregularities.
Discriminatory treatment in employment regularization cases violates the principle of equality as per Article 14 of the Constitution.
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....
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