In a significant legal battle, the Supreme Court of India has ruled on the regularization of services for Respondent No.5 in the case against the Government of Uttar Pradesh. The case involves the disputed period from 1985 to 1995 where Respondent No.5, an LT Grade Teacher, has claimed eligibility for regularization based on ten years of dedicated service. The Court’s judgement has far-reaching implications for the education sector in Uttar Pradesh.
Facts
- Shri Hari Prasad Pathak’s services were regularized as Lecturer (Civics) w.e.f. 07.10.1983.
- Writ Petition No.2775 of 1986 filed against the reversion of Shri Hari Prasad Pathak was dismissed by the High Court.
- Respondent No.5 was appointed as L.T. Grade Assistant Teacher on 31.12.1984 after the promotion of Shri Hari Prasad Pathak.
- The said appointment was not approved as per the prescribed procedure under U.P. Secondary Education Services Selection Board Act, 1982.
- Respondent No.5 filed Special Appeals against various judgments and orders regarding his service and payment of salary.
- Eventually, Respondent No.5’s services were regularized based on an inquiry report dated 06.05.2009.
- Several Writ Petitions and Special Appeals were filed related to regularization and service continuity of Respondent No.5.
- The High Court in its Order dated 31.03.2010 directed the Regional Level Committee to consider the regularization of Respondent No.5.
- The selection process was stayed by the High Court in an Order dated 14.10.1992, affecting the advertisement issued in 1992.
- The Appellant challenged the High Court’s judgment of 31.03.2010 by filing a Special Appeal before the Division Bench of the Allahabad High Court.
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Analysis
- The conflicting claim regarding the service rendered by Respondent No.5 from 1985 to 1995 is a key issue.
- The stand of the Government becomes significant in resolving this issue.
- There is agreement on the existence of a regular vacancy for the post of L.T. Grade Teacher after the disputed period.
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Decision
- Respondent No.5 is eligible for regularization based on his 10 years of service from 1985 to 1995 as an LT Grade Teacher.
- Enquiry report, as well as the Management’s endorsement, confirms the actual work done by Respondent No.5 during the mentioned period.
- The High Court did not commit any errors in upholding the order of regularization dated 31.07.2010.
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Case Title: C/M KISAN INTER COLLEGE MANAGER Vs. THE STATE OF UTTAR PRADESH
Case Number: C.A. No.-007532-007533 / 2019
