PRAGATI MAHILA SAMAJ & ANR. versus ARUN & ORS.

Since the appointment of respondent No.1 was as a temporary, part-time Lecturer for a fixed period and not made in accordance with Section 5(1) and (2) of the Act against a permanent vacancy, there was no right to claim permanent status or regularization. The High Court erred in holding the termination order bad in law; the order of the Tribunal upholding termination is restored.

Parties: Appellant: Pragati Mahila Samaj; Respondent: Arun; Respondent: Nagpur University
Jurisdiction: India
Judgment Date: 19 July 2016
Procedural Posture: Civil Appeal / Supreme Court Judgment on Appeal From High Court Order
Outcome: Appeal allowed; High Court judgment set aside; Tribunal order restored; writ petition by employee dismissed; termination upheld as legal.
Legal Topics: Termination, Temporary Appointment, Regularization, Teaching Staff

Service Law Termination Temporary Appointment Regularization Teaching Staff

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Pragati Mahila Samaj

Appellant

Arun

Respondent

Nagpur University

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Order

Legal Issues

1 Whether the appointment of respondent No.1 was permanent or temporary
2 Whether the High Court was justified in holding the termination order bad in law

Ratio Decidendi

Court Disposition

Appeal allowed; High Court judgment set aside; Tribunal order restored; writ petition by employee dismissed; termination upheld as legal.

Orders

Impugned High Court order set aside
Order of the Tribunal restored