Case Note & Summary
The writ petition was filed by the petitioner seeking to quash an order dated 19.03.2021, which denied her regularization as a Vocational Instructor. The petitioner contended that she was qualified as per G.O.Ms.No.834 dated 23.09.1994, but was regularized only in 2022 due to not producing relevant certificates on time. The petitioner highlighted that the Chief Educational Officer had acknowledged her qualifications in 1995. The Government Advocate argued that the petitioner was not fully qualified as of the Government Order date. The court examined the certificate issued by Annamalai University, which indicated that the petitioner had passed her examination in May 1994, and concluded that the issuance date of the certificate did not negate her qualification status at the time of the Government Order. The court found that the petitioner was entitled to regularization from the date of the Government Order and directed the respondents to regularize her service with the B.T. time scale of pay from 23.09.1994, revising her pension calculations accordingly. The writ petition was allowed, and no costs were imposed.
Headnote
A) Constitutional Law - Writ of Certiorari - Regularization of Service - Article 226 of the Constitution of India - The court quashed the impugned order denying regularization to the petitioner, holding that the petitioner was qualified as of the date of the Government Order, thus entitled to benefits from that date. The court emphasized that the benefits of regularization should not be denied based on the timing of certificate issuance (Paras 8-9).
Issue of Consideration
Whether the petitioner was entitled to regularization of service with B.T. time scale of pay from 23.09.1994.
Final Decision
The court quashed the impugned order dated 19.03.2021 and directed the respondents to regularize the petitioner's service with B.T. time scale of pay from 23.09.1994, revising her pension calculations accordingly.
Law Points
- Article 226 of the Constitution of India
- regularization of service
- vested rights
- equal treatment
