UPENDRA SINGH versus THE STATE OF BIHAR AND ORS.

UPENDRA SINGH versus THE STATE OF BIHAR AND ORS.

Regularisation cannot be granted where the initial appointment was not in accordance with law, i.e., made without advertisement, panel recommendation, or by competent authority, and not against sanctioned post; appellant's claim does not meet criteria outlined in Umadevi and related precedents.

Parties
Appellant: Upendra Singh; Respondents: The State of Bihar and Ors.
Jurisdiction
India
Judgment Date
23 February 2018
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Regularisation, Absorption, Constituent Colleges
Service Law Regularisation Absorption Constituent Colleges

Case Brief

Summary, issues, holding and outcome

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Parties

Upendra Singh

Appellant

The State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether appellant's appointment was valid for regularisation under State Government resolution and Staffing Pattern
  2. 2 Whether regularisation/absorption is permissible when initial appointment not made with due procedure or against sanctioned post

Ratio Decidendi

Regularisation cannot be granted where the initial appointment was not in accordance with law, i.e., made without advertisement, panel recommendation, or by competent authority, and not against sanctioned post; appellant's claim does not meet criteria outlined in Umadevi and related precedents.

Court Disposition

Appeal dismissed

Orders

  • No costs