Plea Under Art. 226 To Regularise Illegal Appointment Can’t Succeed: Allahabad HC [Read Judgment]
7 years, 9 months ago

Plea Under Art. 226 To Regularise Illegal Appointment Can’t Succeed: Allahabad HC [Read Judgment]

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The Allahabad High Court, in the case of Ram Krishna In 8802013 Vs. State of UP Through Secretary Vocational & Technical Education Lucknow & Ors, has noted that a writ petition under Article 226 of the Constitution to regularise an illegal appointment will not stand the test of law.Appointments to public posts have to be made in accordance with the rules formulated by the. The Allahabad High Court, in the case of Ram Krishna In 8802013 Vs. State of UP Through Secretary Vocational & Technical Education Lucknow & Ors, has noted that a writ petition under Article 226 of the Constitution to regularise an illegal appointment will not stand the test of law. There should be transparency in the public appointment and what has been deprecated by the Court since long time and time again is "backdoor appointments or appointments dehors the rules.” The court also observed that the practice of employing daily and casual labourers is widespread and subsequently attempts are made to regularise their services. Therefore, the exercise to fill up the vacancies at the earliest must start in advance to ensure that the selected person may join immediately after availability of the post, and hence, there may be no occasion to appoint any person on ad hoc basis for the reason that the problem of inducting the daily labourers who are ensured of a regular appointment subsequently has to be avoided and a fair procedure must be adopted giving equal opportunity to everyone.” The court also observed that the employees do not have a vested right for regularisation of services and the state cannot regularise an illegal appointment.

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Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC
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2 months, 3 weeks ago

Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC

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The Allahabad High Court has held that an application for compassionate employment cannot be decided by the management of the institution where the deceased government employee worked. Justice J.J. Munir referred to Regulations of the Uttar Pradesh High Schools and Intermediate Colleges Act, 1971 to hold that “The Regulations aforesaid envisage a complete scheme for compassionate appointment and the power …

Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court
3 months, 3 weeks ago

Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court

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The Allahabad High Court has held that merely because an employee in a part of the Central Government services will not entitle him to appointment in Provincial Services. The State Government cannot be saddled with the liability to mechanically and slavishly follow the decision taken by the Central Government or the Rajya Sabha Secretariat.” Factual Background In 2017, petitioner's sister-in-law …

Can't Perpetuate "Pernicious Practice" Of Indefinite Irregular Appointment: Jharkhand HC Orders Regularization Of Clerk After 10 Yrs
3 months, 3 weeks ago

Can't Perpetuate "Pernicious Practice" Of Indefinite Irregular Appointment: Jharkhand HC Orders Regularization Of Clerk After 10 Yrs

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The Jharkhand High Court in a recent judgement, has directed the State to regularise the services of an appellant who had been engaged as a Computer Operator on a daily-wage basis since 2008 and later on a contractual basis. Ramachandra Rao and Justice Deepak Roshan observed, “We are of the opinion that utilizing the services of the appellant from 2008, …

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC
4 months, 1 week ago

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC

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The Allahabad High Court has observed that any statute/rules/instructions that empower an employer to deny appointment to a candidate only because of non-disclosure of criminal cases would be unjust and unreasonable. The order was passed relying on Clause 8 of the Office Instructions, which provides that a candidate would be declared unfit for appointment if he had concealed or made …

Teacher's Service After Regularization Can't Be Terminated Merely Due To Lack Of Qualification At Time Of Initial Appointment: Allahabad HC
11 months, 3 weeks ago

Teacher's Service After Regularization Can't Be Terminated Merely Due To Lack Of Qualification At Time Of Initial Appointment: Allahabad HC

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The Allahabad High Court has held that after a long gap of time, a teacher who's services have been regularised cannot be terminated merely on grounds of lack of qualifications at the time of initial appointment. The bench comprising of Justice Ajit Kumar held that “once the regularisation of appointment has already taken place, such teacher becomes a permanent member …

Regularisation Of Backdoor Appointments Infringe Fundamental Rights Of Candidates Appearing In Competitive Process: Madras High Court
2 years, 8 months ago

Regularisation Of Backdoor Appointments Infringe Fundamental Rights Of Candidates Appearing In Competitive Process: Madras High Court

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While adjudicating a man's plea for permanent absorption into the Indian Institute of Technology on the ground that he had been continuously rendering temporary services since 25 years, the Madras High Court heavily criticised the practice of back door appointment that was prevalent in the country. Justice S M Subramaniam opined that the practice of back door appointment was infringing …

Appointment In Public Services Secured Through Fraudulent Concealment Void Ab Initio, Long Continuation In Service Immaterial: Allahabad High Court
3 years ago

Appointment In Public Services Secured Through Fraudulent Concealment Void Ab Initio, Long Continuation In Service Immaterial: Allahabad High Court

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The Allahabad High Court, sitting in Lucknow, recently held that when employment in a public service is obtained by playing fraud, the long continuation in such service would be immaterial to uphold the appointment. Justice Dinesh Kumar Singh observed, "it is evident that the petitioner has suppressed the material fact and played fraud for securing public employment and, therefore, his …

Candidates cannot be made to suffer because of the mistake of Public Service Commission: Allahabad HC [Read Judgment]
8 years, 10 months ago

Candidates cannot be made to suffer because of the mistake of Public Service Commission: Allahabad HC [Read Judgment]

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The purity in the selection process has to be maintained. The mistake committed by the Commission has to be rectified and the candidates who appeared at the preliminary examination cannot be made to suffer because of the mistake of the Commission, the Court said.In a relief to many candidates who appeared for the exam conducted by Uttar Pradesh Public Service …

Candidates cannot be made to suffer because of the mistake of Public Service Commission: Allahabad HC [Read Judgment]
8 years, 10 months ago

Candidates cannot be made to suffer because of the mistake of Public Service Commission: Allahabad HC [Read Judgment]

Live Law  

The purity in the selection process has to be maintained. The mistake committed by the Commission has to be rectified and the candidates who appeared at the preliminary examination cannot be made to suffer because of the mistake of the Commission, the Court said.In a relief to many candidates who appeared for the exam conducted by Uttar Pradesh Public Service …

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