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IN THE HIGH COURT OF ALLAHABAD
Siddhartha Varma, Yogendra Kumar Srivastava
Devendra Singh – Appellant
Versus
State Of UP – Respondent
| Table of Content |
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| 1. the appellants were appointed ad-hoc and faced termination but continued working under interim orders. (Para 1 , 2 , 3 , 4) |
| 2. the appellants argue for regularization based on continuous service and rectification of initial irregularities. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. the court finds merit in the appellants' arguments and recognizes their continuous service. (Para 14 , 15 , 16) |
| 4. the appeals are allowed, and the appellants are to be treated as regularized with benefits. (Para 17) |
JUDGMENT :
Siddhartha Varma, J.
1. The two special appeals are being decided together as they involve a common question of law. The appellant-Jujhar Singh in Special Appeal No.200 of 2024 was appointed on ad-hoc basis on 31.8.1987 as an Assistant Teacher in CT grade in the institution known as P.N.V. Inter College, Chilli (Muskara), Hamirpur. His appointment on ad-hoc basis was also approved on 11.9.1987. Similarly, the appellant-Devendra Singh in Special Appeal No.167 of 2024 was appointed on ad-hoc basis on the post of Assistant Teacher in CT grade on 26.2.1989. His appointment was also approved on 25/26.7.1989. However, the services of both the appellants were terminated on 1
Long continuous service and rectification of initial irregularities justify the regularization of employees appointed on an ad-hoc basis, as per established legal principles.
(1) There is distinction between irregular and illegal appointment.(2) Mere over-ruling of principles by a subsequent judgment will not dilute binding effect of decision on inter-parties.(3) It is no....
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
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....
The appointment of the petitioners was found to be irregular but not illegal. The State respondents were bound to consider the recommendation of the Special Class-III DPC, which was constituted on th....
Temporary employees appointed via constitutional procedures are entitled to regularization, highlighting the need for compliance with recruitment mandates to ensure fairness and uphold employee right....
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
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