AI Overview...
-
Absorption in Aided Vacancies - Generally, absorption pertains to appointing teachers into sanctioned aided posts, especially when vacancies arise due to retirement or other reasons, provided the appointment was regular and in sanctioned posts. Appointments in unsanctioned posts are typically not eligible for absorption or regularization, as highlighted in R. Keerthivarman VS District Education Officer - Madras.
-
Regularization and Absorption Criteria - Courts emphasize that only teachers appointed in sanctioned aided posts and against regular vacancies are eligible for absorption. For instance, in N. Tulasidas VS Secretary, Education Department - Andhra Pradesh and Vijayalakshmi H. S. , D/o. Shivaji Hitnikar VS Principal Secretary, Higher Education Department - Karnataka, the courts considered the existence of sanctioned posts and regular vacancies as essential criteria for absorption, rejecting claims based on appointments in unaided or irregular posts.
-
Role of Rules and Regulations - Rules such as Rule 3 of the Rules of 2003 set conditions for absorption, including that appointments are made in sanctioned posts and vacancies are available. Part-time or officiating appointments do not automatically qualify for absorption unless specific conditions are met (Vijayalakshmi H. S. VS Principal Secretary, Higher Education Department - Karnataka, STATE OF KERALA VS SUSHAMA S. ASSOCIATE PROFESSOR (RETIRED) - Kerala).
-
Appointments in Unsanctioned Posts - Appointments in non-sanctioned or unaided posts generally do not qualify for absorption or regularization, as courts have held that such appointments are irregular and cannot be protected under the regularization policy (R. Keerthivarman VS District Education Officer - Madras, State of Jharkhand VS Subhadra Jha, Son of Sri Jay Bhadra Jha - Jharkhand).
-
Court's Approach to Absorption Claims - The courts have directed that individual cases for absorption should be considered based on the existence of sanctioned posts, regular vacancies, and the nature of appointment. They have also emphasized that mere officiating or temporary appointments do not confer lien or right for absorption (E. Gopalakrishnaiah VS Secretary, Government of Andhra Pradesh - Andhra Pradesh, Bollavaram Giddaiah vs The State of Andhra Pradesh - Andhra Pradesh).
Analysis and Conclusion:
Absorption in aided vacancies is primarily contingent upon appointment in sanctioned posts against regular vacancies. Teachers appointed in unsanctioned or irregular posts are generally ineligible for absorption. Courts have consistently upheld that only appointments in accordance with established rules and in sanctioned posts can be considered for absorption, emphasizing the importance of regularization policies aligned with the existence of sanctioned posts and vacancies (R. Keerthivarman VS District Education Officer - Madras, N. Tulasidas VS Secretary, Education Department - Andhra Pradesh, Vijayalakshmi H. S. , D/o. Shivaji Hitnikar VS Principal Secretary, Higher Education Department - Karnataka, Bollavaram Giddaiah vs The State of Andhra Pradesh - Andhra Pradesh).
Search Results for "Absorption in Aided Vacancy having being Appointed in Sanctioned Post"
2014 0 Supreme(Mad) 655 • India - Madras
N.PAUL VASANTHAKUMAR, M.SATHYANARAYANAN
in sanctioned posts, not unsanctioned posts. ... Finding of the Court: The court held that the termination of the appellant, appointed in an unsanctioned post, did ... Issues: The main issue was whether the management of a private school, before terminating a teacher appointed in an unsanctioned ... The concept of appointing teachers in non-sanctioned post in aided schools is of recent development, the State is bound to look into the issue and consider the plight o....
2013 0 Supreme(AP) 1010 • India - Andhra Pradesh
DAMA SESHADRI NAIDU
of Grade-I Hindi Pandit post, a regular aided vacancy, in which the petitioner has been working, when the incumbent teacher retired ... in the 4th respondent school - 4th respondent school has two aided posts sanctioned, viz., Grade-I Hindi Pandit and Grade-II Hindi ... Pandit and consider the case of the petitioner for absorption therein, subject to his suitability on other criteria to be met by ... The 4th respondent school has two aided posts sanctioned#H....
2025 Supreme(Online)(AP) 1639 • India - High Court of Andhra Pradesh
N. HARINATH, J
Lecturer in 1998 and sought absorption into an aided post based on a proposal from 2003. ... ... ... Issues: The main issues included the rejection of the petitioner’s claim for absorption into an aided post and the appropriate ... (Paras 4, 5) ... ... Facts of the case: ... The petitioner was initially appointed as an unaided ... Ramu, un-aided Lecturer in Physics and Dr.P.Venugopal, un-aided Lecturer in Economics, for #HL_STA....
2025 Supreme(Online)(AP) 9442 • India - High Court of Andhra Pradesh
SMT KIRANMAYEE MANDAVA, J
(A) Constitution of India - Articles 14 and 16 - Writ of Mandamus - Absorption of teachers in aided vacancies - Petitioners, appointed ... Court found entitlement to equal pay for equal work and directed individual applications for absorption and consideration. ... When there is no dissimilarity between the discharge of duties by .the lecturers appointed by following a regular selection process and the petitioners, and when their appointment is also against the aided vacancy#....
2024 0 Supreme(Kar) 414 • India - Karnataka
KRISHNA S. DIXIT, RAMACHANDRA D. HUDDAR
post and vacancy justified the Appellant's absorption. ... after a vacancy arose due to the retirement of the previous holder of the post. ... Decidendi: The court held that the intent of Rule 3 is to protect the tenure of long-serving lecturers, and the existence of a sanctioned ... The thrust of the Rule is there being a sanctioned post, there existing a regular vacancy & there being a candidate working in the post#HL_EN....
2023 0 Supreme(Ker) 1 • India - Kerala
P. B. SURESH KUMAR, C. S. SUDHA
person appointed in a leave vacancy does not obtain any lien to post, he merely officiates or occupies that post till original incumbent ... - Whether service rendered by petitioner in leave vacancy preceding her absorption without break in the regular establishment, shall ... her absorption without break in the regular establishment, shall not qualify for pensionary benefits. ... the petitioner in the leave vacancy preceding her absorption....
2021 0 Supreme(AP) 563 • India - Andhra Pradesh
D.V.S.S.SOMAYAJULU
into aided post of Lecturer in Mathematics in aided vacancy available in respondent college and declare same as illegal arbitrary ... proceedings of respondent herein in which was received by me on stating that it is not feasible to consider at present my case for absorption ... vacancy and pay all consequential benefits and pass such other order or orders as Court Hon’ble Court deems fit and proper of case ... He submits that pursuant to a notification they were appointed#HL....
2021 0 Supreme(Jhk) 259 • India - Jharkhand
APARESH KUMAR SINGH, ANUBHA RAWAT CHOUDHARY
any sanctioned post, was neither irregular nor illegal and accordingly, petitioner ought to have been regularized/absorbed in vacancy ... which arose in year 2010 relating to sanctioned post - There is no dispute that initial appointment of writ petitioner was neither ... illegal nor irregular - Court is of considered view that said fact by itself is not sufficient to issue mandamus for regularization/ absorption ... school, but the writ petitioner was never appointed....
2023 0 Supreme(AP) 869 • India - Andhra Pradesh
U. DURGA PRASAD RAO
vacancy post in the Department of Physics. ... post in the Department of Physics. ... post in the Department of Physics anywhere in the State of Andhra Pradesh w.e.f. 31.07.2001. ... Hence, the petitioner filed Rev.W.A.M.P.No. 3654/2003 in W.A.No. 1564/2003 bringing to the notice of the Court that he was appointed as an unaided Lecturer but not as part-time lecturer and his case need not be considered for regularization but he has to be considered for absorption into aided#HL....
2016 0 Supreme(Kar) 195 • India - Karnataka
R.S.CHAUHAN
aided colleges. ... The court also considered Rule 3 of the Rules of 2003, which specifies conditions for the absorption of part-time lecturers in private ... the eligibility of the petitioner's course for grant-in-aid benefits and the application of Rule 3 of the Rules of 2003 for the absorption ... ... Provided that where a part time lecturers cannot be absorbed under sub-rule (1) for want of vacancy he may be absorbed as and when a vacancy arises due to death, retirement or resignation or otherwise ....
Filter by Legal Phrase
