Km. Rekha Agarwal Vs. State of Uttar Pradesh & Ors.
EmailAppeal: Civil Appeal Nos. of 1987.
(Arising out of SLP(C) Nos. 5723-24 of 1987).
(Arising out of SLP(C) Nos. 5723-24 of 1987).
Petitioner: Km. Rekha Agarwal
Respondent: State of Uttar Pradesh & Ors.
Apeal: Civil Appeal Nos. of 1987.
(Arising out of SLP(C) Nos. 5723-24 of 1987).
(Arising out of SLP(C) Nos. 5723-24 of 1987).
Judges: B.C RAY & K. JAGANNATHA SHETTY, JJ.
Date of Judgment: Nov 06, 1987
Head Note:
CIVIL SERVICE
U.P.Higher Education Services Commission Act, 1980 (Removal of Difficulties order 1982 and 1983); section 31-B – Appellant appointed ad-hoc lecturer against substantive vacancy and working contnuously in the same post since then – She is entitled to be regularised.
JUDGEMENT:
O R D E R
1. Special Leave granted. Arguments heard.
2. There is clear evidence that the appellant who has the requisite qualification for the post of lecturer in Music, was appointed on ad-hoc basis against a substantive vacancy with effect from September 20, 1982 and she has been working continuously in the same post since then. She is entitled to be regularised under the provisions of section 31-B of U.P. Higher Education Services commission Act 1980 (Removal of Difficulties order 1982 and 1983) as she was appointed before 3rd January, 1984. This is evident from the annexure ‘B’ i.e. register of the Vice Chancellor of the university. We, therefore reverse the judgment of the High Court and direct the respondents to regularise the appointment of the appellant on the post of lecturer in Music. The appeals are disposed of accordingly.
3. We make it clear that we have made this order in the particular facts and circumstances of this case and this will not be treated as precedent in any other case. No Costs.
Appeals allowed.
1. Special Leave granted. Arguments heard.
2. There is clear evidence that the appellant who has the requisite qualification for the post of lecturer in Music, was appointed on ad-hoc basis against a substantive vacancy with effect from September 20, 1982 and she has been working continuously in the same post since then. She is entitled to be regularised under the provisions of section 31-B of U.P. Higher Education Services commission Act 1980 (Removal of Difficulties order 1982 and 1983) as she was appointed before 3rd January, 1984. This is evident from the annexure ‘B’ i.e. register of the Vice Chancellor of the university. We, therefore reverse the judgment of the High Court and direct the respondents to regularise the appointment of the appellant on the post of lecturer in Music. The appeals are disposed of accordingly.
3. We make it clear that we have made this order in the particular facts and circumstances of this case and this will not be treated as precedent in any other case. No Costs.
Appeals allowed.
