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RAVI MALIMATH, VISHAL MISHRA
Dinesh Kumar Malviy – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition has been filed seeking the following reliefs :
"(i) That, by issuance of writ in Mandamus, Hon'ble Court be pleased to direct the respondent to regularize the petitioner on the post of Primary, Middle and Uchha Madhyamik Sikshak.
(ii) That, by issuance of writ in Mandamus, Hon'ble Court be pleased to direct the respondent to decide the representation filed by the petitioners for their regularization.
(iii) Any other writ/direction/order which this Hon'ble Court deems fit and proper including cost of this petition may kindly be granted."
2. It is the case of the petitioner that he has been engaged with the respondents as Guest Faculty (Atithi Shikshak Grade-I, Grade-II & Grade-III) for the last 10 to 15 years. He has passed the Teacher Eligibility Test and is also having B.Ed. and D.Ed. qualification. The petitioner has been continuing on the post of Guest Faculty till date. He has made several representations for regularization on the post of Guest Faculty Grade-I or Grade-II or Grade-III, but to no avail. Hence, the present petition has been filed seeking regularization on the post.
3. A perusal of the record indicates that the petitioner has
Regularization of part-time employees must adhere to the principles of regular appointment and cannot be granted as a back-door entry.
The court directed that the petitioners' representation for regularization should be considered before the recruitment process, affirming their right to participate while ensuring job security until ....
The main legal point established in the judgment is the court's discretion to permit a fresh representation for retrospective regularization and the restriction on monetary benefits for a specified p....
Long-serving contractual employees against sanctioned posts are entitled to regularization under applicable rules, especially when previous grounds for denial are invalidated.
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