Case Note & Summary
The dispute involved the regularization of Respondent No.5's service as an L.T. Grade Teacher at an aided college in Uttar Pradesh. Respondent No.5 was appointed on 31.12.1984 but faced issues with salary payments and approval of his appointment due to procedural lapses under the U.P. Secondary Education Services Selection Board Act, 1982. Following various writ petitions and court orders, including a direction for salary payment and continuation in service, Respondent No.5's regularization was challenged by the Appellant. The High Court had previously directed that Respondent No.5's service be considered for regularization, which was ultimately upheld by the Division Bench. The Appellant's claims that Respondent No.5 did not work during the disputed period were countered by an enquiry report confirming his continuous service. The Supreme Court dismissed the Appellant's appeal, affirming the High Court's decision and the validity of the regularization order based on the evidence of service provided. The court noted that the Appellant had previously acknowledged Respondent No.5's service in official communications, reinforcing the decision to regularize his position.
Headnote
A) Employment Law - Regularization of Service - Eligibility for Regularization - Uttar Pradesh Secondary Education Services Commission Act, 1982, Section Not mentioned - The court upheld the findings that Respondent No.5 had worked continuously from 01.01.1985, making him eligible for regularization. The Appellant's objections were dismissed based on the enquiry report and endorsements confirming Respondent No.5's service during the disputed period (Paras 9-10).
Issue of Consideration
Whether Respondent No.5 worked between 1984 to 1995 for being eligible to be considered for regularization.
Final Decision
The Supreme Court dismissed the appeals, affirming the High Court's decision regarding the regularization of Respondent No.5's service based on continuous employment from 1985 to 1995.
Law Points
- Regularization of service
- eligibility for regularization
- continuous service
- Uttar Pradesh Secondary Education Services Commission Act
- 1982
