Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1979 - Rules 4 8 Uttar Pradesh Regularisation of Ad Hoc Appointments (on Posts within the purview of the Public Service Commission) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law : Uttar Pradesh Regularisation of Ad Hoc Appointments ( on Posts within the purview of the Public Service Commission) Rules, 1979 - Rules 4, S-Termination of ad hoc service-Post of Assistant Engineer-Appointment of respondent in ad hoc capacity-Adverse entry-Interpolation made in School Certificate to gain benefit of additional Years in service Selection Committee ,held justified in not regularising respondent's services. The respondent was appointed as Assistant Engineer in the Uttar Pradesh Public Works Department in an ad hoc capacity. During his tenure, the respondent was given an adverse entry for the year 1976-77 and his integrity for that year was also withheld. It was found that by an interpolation, respondent had made an alteration in the original High School Certificate so as to gain the benefit of two additional years, in service. The U.P. Public Service Commission debarred him from appearing in any of its competitive examination or selection for a period of five years. Subsequently, when the Government took up the job of regularising the services of ad /we employees, the Selection Committee constituted under the Uttar Pradesh Regularisation of Ad Hoc Appointments (on Posts within the purview of the Public Service Commission) Rules, 1979, considered the case of the respondent, but did not find him suitable and consequently his services were terminated as on the date on which he was considered for regularisation by the Selection Committee, there existed an adverse entry in his character roll, withholding of integrity for the year, and he was also found to have made interpolation in the original High School Certificate so as to reduce his age by two years. In a Writ Petition filed by the respondent, the High Court interfered with the order of termination on the ground that during the pendency of the Writ Petition, the adverse entry of the year 1976-77 was expunged by the Engineer-in-Chief, U.P .. His integrity was also certified and that these two factors could not, therefore, legally constitute the basis for terminating the services of the respondent. The appellants were directed to reconsider the case of the respondent for regularisation under the Rules. This appeal had been filed against the judgment of the High Court . |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 1998 INSC 314 |
Petitioner | State Of U.p. |
Respondent | Girija Shankar Sonakiya |
SCR | [1998] Supp. (1) S.C.R. 16 |
Judgement Date | 1998-08-19 |
Case Number | 1484 |
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