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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.Munir
Vikas Yadav – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. appeal against promotion decision under cas. (Para 1 , 2 , 3 , 4 , 5) |
| 2. connected petitions and procedural history. (Para 6 , 7 , 8 , 9 , 10) |
| 3. arguments presented regarding the nature of the instructor's role as non-teaching. (Para 12 , 36) |
| 4. arguments relating to academic status of physical training instructor. (Para 13 , 14 , 15 , 16 , 17) |
| 5. counterarguments against claim of teaching status. (Para 18 , 19) |
| 6. discussion on advertisement versus recruitment rules. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 7. legality of bylaw amendments without government registration. (Para 26 , 27 , 28) |
| 8. consequences of the institute's transition to university status. (Para 29 , 30 , 31 , 32) |
| 9. definition of teacher under act and contractual implications. (Para 33 , 34 , 35) |
| 10. importance of duties in defining teaching roles. (Para 37 , 38 , 39 , 40) |
| 11. conclusion considers bylaw implications on employment status. (Para 42) |
| 12. nature of the petitioner's claim and responsibilities. (Para 44 , 45) |
| 13. final assessment of rights to cas benefits. (Para 46 , 47) |
| 14. order quashing exclusion from cas and mandamus to extend benefits. (Para 48 , 49 , 50 , 51 , 52) |
JUDGMENT :
J.J. Munir, J.
1. By t
A Physical Training Instructor, classified as academic staff under amended bylaws, is entitled to Career Advancement Scheme benefits despite prior designation as non-teaching, based on continuity of ....
Definition of “teacher” is inclusive in nature and not just confined to a Professor, Associate Professor or Assistant Professor – Word “teacher” encompasses one who is enjoined to impart instructions....
The court clarified that the Career Advancement Scheme applies to non-teaching staff and directed the university to assess the petitioner's claims for pay-scale and designation changes based on quali....
The central legal point established in the judgment is that the 2010 Regulations provide for the counting of previous regular service for the purposes of grant of benefits under CAS, without making a....
Person appointed as visiting professor on honorary basis, could not claim the financial benefits of the salaried employee of the University as a Lecturer or other teachers of the University.
Person appointed as visiting professor on honorary basis, could not claim the financial benefits of the salaried employee of the University as a Lecturer or other teachers of the University.
Petitioner having been appointed under Section 7(5) of the Act, only the Government will have powers to determine such appointment, transfer and the norms thereof.
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
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