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SUSHRUT ARVIND DHARMADHIKARI
Gayatri Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. Heard finally with the consent of both the parties.
In this petition under Article 226 of the Constitution of India, the petitioner has challenged the legality, validity and propriety of the order dt. 3.2.2009 (Annexure P/1) passed by respondent No.4, whereby she has been terminated from the post of Lecturer (Hindi).
2. Brief facts leading to filing of this case are that the petitioner was appointed as Assistant Teacher in the private institution named as Janta Higher Secondary School, Majhgawan, District Rewa and was subsequently promoted as Lecturer on 1.7.1998 by the Education Committee of the school. On 1.12.2000, the State Government took over Janta Higher Secondary School, Majhgawan and posts were sanctioned for absorption of employees working therein. Thereafter, the name of the petitioner was considered by the screening committee and she was found fit for absorption on the post of Shiksha Karmi Grade I. Copy of recommendation letter dt.18.4.2001 is annexed as Annexure P/2 as well as report of screening committee is annexed as Annexure P/3. The Principal of the school also issued a certificate on 9.8.2008 to the effect that the name of the petitioner has been sent for
The main legal point established in the judgment is the eligibility of the petitioner for absorption in government service based on his educational qualifications and the violation of principles of n....
The judgment establishes that an employee meeting the required qualifications should be entitled to absorption with equal benefits, and basic pay cannot be reduced.
Long-term employees cannot be denied regularization based on non-sanctioned posts if their qualifications meet requirements, protecting natural justice principles under employment law.
The court held that a petitioner selected prior to a government resolution is entitled to regular pay-scale instead of a fixed salary, quashing the tribunal's contrary decision.
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