Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Absorption |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Absorption - Claim of - Policy decision by State Government to take over a School in financial difficulties with its existing staff - Teachers who joined for certain period after policy decision taken by State Government claiming absorption-Stay order by High Court - Subsequently, court holding that claimants to be absorbed - Division Bench dismissing the State's appeal on the ground that claimants working on basis of stay order - Sustainability of - Held: Not sustainable since High Court did not consider the agreement between School management and State Government that staff with prescribed qualification who were members of staff when policy decision was taken to be considered - Thus, matter remitted back. State Government entered into an agreement with School Management to take over the School facing financial difficulties with its existing staff on 28.3.1983. Respondents-teachers or laboratory assistants between 29.6.1983 to 21.1.1984, filed writ petition claiming absorption in Government services. Appellant contended that the names of the respondents did not exist in staff statement prepared by staff management at the time principle decision was taken. High Court granted stay and the stay order continued. The Single Judge of High Court held that though they were employed between 28.6.1983 and 26.1.1987, there was need for teachers and thus, they should be absorbed. Aggrieved, appellants filed LPA which was dismissed on the ground that the respondents were continuing since 1987. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 961 |
Petitioner | State Of Punjab And Ors. |
Respondent | Dev Raj And Ors. |
SCR | [2007] 10 S.C.R. 185 |
Judgement Date | 2007-09-21 |
Case Number | 4408 |
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