B.D. JADHAVAR versus K.D. BHAGWAN AND ORS.

B.D. JADHAVAR versus K.D. BHAGWAN AND ORS.

Appellant, having failed to report for duty as directed and not being confirmed to any post, cannot claim regular appointment status; refusal to allow joining does not constitute dismissal, nor is an enquiry required.

Parties
Appellant: B.D. Jadhavar; Respondent: K.D. Bhagwan; Respondent: Director of Higher Education and Principal of Third Respondent-College
Jurisdiction
India
Judgment Date
01 September 1995
Procedural Posture
Civil Appeal / Decision on Appeal Against High Court Order
Outcome
appeal dismissed
Legal Topics
Ad Hoc Appointment, Regular Appointment, Termination Without Enquiry, Transfer of Lecturer
Service Law Ad Hoc Appointment Regular Appointment Termination Without Enquiry Transfer of Lecturer

Case Brief

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Parties

B.D. Jadhavar

Appellant

K.D. Bhagwan

Respondent

Director of Higher Education and Principal of Third Respondent-College

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal Against High Court Order

Legal Issues

  1. 1 Whether appellant is entitled to regular appointment as lecturer
  2. 2 Whether failure to allow joining amounts to dismissal without enquiry

Ratio Decidendi

Appellant, having failed to report for duty as directed and not being confirmed to any post, cannot claim regular appointment status; refusal to allow joining does not constitute dismissal, nor is an enquiry required.

Court Disposition

appeal dismissed

Orders

  • no direction for appointment
  • no costs