Case Note & Summary
The case involves an appeal by the Committee of Management of Kisan Inter College against the regularization of service of Respondent No.5, Shri Ram Mani Pandey, as an L.T. Grade Teacher. The appellant college is an aided institution recognized by the State of Uttar Pradesh. The post of L.T. Grade Assistant Teacher (Maths) fell vacant due to the promotion of Shri Hari Prasad Pathak. Respondent No.5 was appointed on 31.12.1984 but his appointment was not approved due to non-compliance with the U.P. Secondary Education Services Selection Board Act, 1982. The college stopped paying his salary in July 1985, leading to multiple writ petitions. Over the years, various interim orders allowed Respondent No.5 to continue working, and he was paid salary until 2008. In 2009, the District Inspector of Schools (DIOS) directed payment of arrears, and an enquiry confirmed his continuous service from 01.01.1985. The High Court in 2010 directed consideration of his regularization, which was subsequently approved by the Regional Level Committee on 31.07.2010. The appellant challenged this regularization, but the Division Bench of the Allahabad High Court upheld it. The Supreme Court considered whether Respondent No.5 had worked between 1984 and 1995 to be eligible for regularization. The Court noted the enquiry report and the management's own letters dated 29.07.1988 and 17.04.2009 acknowledging his service. The Court also observed that the government's stand supported Respondent No.5. Finding no error in the Division Bench's judgment, the Supreme Court dismissed the appeals, upholding the regularization.
Headnote
A) Service Law - Regularization - Continuous Service - Uttar Pradesh Secondary Education Services Commission Act, 1982 - The core issue was whether the respondent teacher had rendered continuous service from 1985 to 1995 to qualify for regularization. The Supreme Court upheld the Division Bench's finding that the respondent had actually worked during that period, based on an enquiry report and the management's own letters acknowledging his service. Held that the respondent was eligible for regularization (Paras 9-10).
Issue of Consideration
Whether Respondent No.5 worked between 1984 to 1995 to be eligible for regularization of his service as L.T. Grade Teacher under the Uttar Pradesh Secondary Education Services Commission Act, 1982.
Final Decision
The Supreme Court dismissed the appeals, upholding the Division Bench's judgment that confirmed the regularization of Respondent No.5's service as L.T. Grade Teacher.
Law Points
- Regularization of service
- Continuous service
- Enquiry report
- Endorsement by management
- U.P. Secondary Education Services Commission Act
- 1982
Case Details
2019 LawText (SC) (10) 39
Civil Appeal Nos. 7532-7533 of 2019 (Arising out of S.L.P. (C) Nos.17450-17451 of 2017)
L. Nageswara Rao, Hemant Gupta
The State of Uttar Pradesh & Ors.
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Nature of Litigation
Civil appeals challenging the regularization of service of a teacher in an aided college.
Remedy Sought
The appellant college sought to set aside the regularization order of Respondent No.5 and the Division Bench judgment upholding it.
Filing Reason
The appellant contended that Respondent No.5 did not work during the disputed period and was not eligible for regularization.
Previous Decisions
The learned single Judge allowed the appellant's writ petition and set aside the regularization; the Division Bench allowed the respondent's special appeals and upheld the regularization; review petitions were dismissed.
Issues
Whether Respondent No.5 worked between 1984 to 1995 to be eligible for regularization under the Uttar Pradesh Secondary Education Services Commission Act, 1982.
Submissions/Arguments
Appellant argued that Respondent No.5 did not discharge duties as L.T. Grade Teacher during 1984-1995.
Respondent No.5 relied on the enquiry report and management's letters showing continuous service.
Ratio Decidendi
A teacher who has rendered continuous service for a period of 10 years between 1985 to 1995, as confirmed by an enquiry report and the management's own letters, is eligible for regularization under the Uttar Pradesh Secondary Education Services Commission Act, 1982.
Judgment Excerpts
The crucial point to be considered is whether Respondent No.5 worked between 1984 to 1995 for being eligible to be considered for regularization.
In view of the enquiry report dated 06.05.2009 and the endorsement of the Management in their letters dated 29.07.1988 and 17.04.2009, it is clear that Respondent No.5 had actually worked during 1985 to 1995 and he was eligible for being considered for regularization of his service as LT Grade Teacher.
Procedural History
Respondent No.5 was appointed on 31.12.1984 but approval was denied. He filed Writ Petition No.18046 of 1985 for salary and continuance, disposed of on 22.11.1985 with directions. He filed Writ Petition No.2775 of 1986 challenging reversion of another teacher, dismissed on 22.11.1985. Multiple writ petitions were filed regarding advertisements for the post of Lecturer (Civics). Writ Petition No.19691 of 1995 was filed by Hari Prasad Pathak and Respondent No.5, disposed of on 31.03.2010 directing consideration of regularization. Regional Level Committee regularized Respondent No.5 on 31.07.2010. Appellant challenged regularization in Writ Petition No.50312 of 2010, which was allowed by single Judge. Respondent No.5 filed four Special Appeals, which were allowed by Division Bench. Review applications were dismissed. Hence, these appeals to Supreme Court.
Acts & Sections
- Uttar Pradesh Secondary Education Services Selection Board Act, 1982:
- Uttar Pradesh Secondary Education Services Commission Act, 1982:
