VIDYAVARDHAKA SANGHA Vs. Y D DESPANDE
LAWS(SC)-2006-9-118
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on September 21,2006

VIDYAVARDHAKA SANGHA Appellant
VERSUS
Y.D.DESHPANDE Respondents


Cited Judgements :-

MANISH KUMAR ARYA VS. STATE OF UTTARAKHAND [LAWS(UTN)-2021-3-33] [REFERRED TO]
RAJANI RAMESH BHARTI VS. MAULANA AZAD NATIONAL INSTITUTE OF TECHNOLOGY [LAWS(MPH)-2022-2-57] [REFERRED TO]
VICE CHANCELLOR, GURU NANAK DEV UNIVERSITY, AMRITSAR AND ORS. VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL AND ORS. [LAWS(P&H)-2015-4-115] [REFERRED TO]
AJAYA KUMAR PATTANAIK VS. STATE OF ORISSA AND OTHERS [LAWS(ORI)-2016-2-77] [REFERRED]
RITESH KANAIYALAL PATEL VS. GUJARAT TECHNOLOGICAL UNIVERSITY [LAWS(GJH)-2022-3-1508] [REFERRED TO]
RAVINDER SINGH AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2008-3-295] [REFERRED]
BONTI SAIKIA VS. UNION OF INDIA [LAWS(GAU)-2021-11-69] [REFERRED TO]
R.L. SRIVASTAVA VS. SAM HIGINBOTTOM INSTITUTE OF AGRICULTURE AND ORS. [LAWS(ALL)-2016-4-46] [REFERRED TO]
MANAGING COMMITTEE VS. RAJASTHAN NON GOVERNMENT EDUCATIONAL INSTITUTION TRIBUNAL, JAIPUR [LAWS(RAJ)-2022-4-29] [REFERRED TO]
BARINDER KAUR VS. GURU NANAK DEV UNIVERSITY [LAWS(P&H)-2015-7-44] [REFERRED TO]
SUBHASH CHANDER AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2012-2-384] [REFERRED]
JECINTHAVIJAYAKUMAR VS. THE DEPARTMENT OF SCHOOL EDUCATION [LAWS(MAD)-2014-10-144] [REFERRED TO]
KAPIL KUMAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-9-37] [REFERRED TO]
REKHA SHARMA VS. STATE OF JHARKHAND THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE [LAWS(JHAR)-2017-12-34] [REFERRED TO]
DEVENDRAKUMAR AMBALAL VAGHELA VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2017-9-98] [REFERRED TO]
PARDEEP KUMAR VS. INDIAN RED CROSS SOCIETY AND ORS. [LAWS(P&H)-2015-7-97] [REFERRED TO]
DAYA SHANKER SHARMA AND ORS VS. RAJ NON-GOVT EDUATIONAL INSTITUTIONS TRIBUNAL AND ORS [LAWS(RAJ)-2011-7-190] [REFERRED]
RANJIT SINGH BHADORIYA & ANR VS. STATE OF M P & ORS [LAWS(MPH)-2016-3-200] [REFERRED TO]
MOHIT DAHIYA VS. DELHI POLLUTION CONTROL COMMITTEE [LAWS(DLH)-2020-9-99] [REFERRED TO]
DURGESH KUMAR SONI VS. STATE OF M.P. [LAWS(MPH)-2019-7-137] [REFERRED TO]
JAGBIR SINGH VS. HARYANA SAHITYA AKADEMI [LAWS(P&H)-2011-3-981] [REFERRED]
HARI CHAND SON NARAIN SINGH THAKUR VS. H P UNIVERSITY SUMMER HILL SHIMLA [LAWS(HPH)-2012-11-156] [REFERRED]
SADANANDA DOLOI VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2008-4-77] [REFERRED TO]
JAYDEEP ARUNKUMAR JANI VS. VADODARA MUNICIPAL CORPORATION [LAWS(GJH)-2022-12-1306] [REFERRED TO]
UNION OF INDIA VS. SATISH JOSHI [LAWS(DLH)-2013-8-92] [REFERRED TO]
AJAYA KUMAR PATTNAIK VS. STATE OF ORISSA AND OTHERS [LAWS(ORI)-2016-11-12] [REFERRED TO]
NIKUNJKUMAR JASHAVANTBHAI JADAV VS. STATE OF GUJARAT [LAWS(GJH)-2022-2-995] [REFERRED TO]
KAMAL DILIPKUMAR AACHARYA VS. STATE OF GUJARAT [LAWS(GJH)-2022-11-602] [REFERRED TO]
SEJAL DAVIDBHAI CHRISTIAN VS. MAHARAJA SAYAJIRAO UNIVERSITY OF BARODA [LAWS(GJH)-2022-6-1740] [REFERRED TO]
BABASAHEB AMBEDKAR OPEN UNIVERSITY VS. DIPESH YASHWANTBHAI JANI [LAWS(GJH)-2022-7-269] [REFERRED TO]
SONALIKA BHARGAVA VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2020-8-121] [REFERRED TO]


JUDGEMENT

AR. Lakshmanan, J. - (1.)Leave granted.
(2.)Heard Mr. S.N.Bhat, learned Counsel appearing on behalf of the appellants and Mrs.K.Sarada Devi, learned Counsel appearing on behalf of the respondents.
(3.)Civil Appeal No. 4224/2006 arising out of SLP(C) No. 16412 of 2005 and Civil Appeal No. 4225/2006 arising out of SLP(C) No. 16418/2005 were filed against the final common judgment dt.15.6.2005 of the Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal Nos. 2807/2002 and 2808/2002. We have also perused the judgment in these appeals and also the appointment order and other relevant records. The appointment order appointing the respective respondents herein clearly show that the respondents were appointed in the prescribed scale on temporary basis for the academic year ending on 31st March, 1993 and subject to the approval by the Education Department. The appointment order further states that the services of the temporary employees may be terminated by the management at any time without assigning any reason and without giving any prior notice. This appointment order was issued to Y.D.Deshpande (respondent No. 1 in SLP(C) No. 16412/2005). Another appointment order was issued by the management pursuant to the Resolution of the management in its meeting dt.11.08.1991. The respondent No. 1 in SLP(C) No. 16418/2005 (S.K.Joshi) was appointed as Assistant Teacher in the school in question on consolidated salary of Rs. 400/- per month and on contract basis. The appointment order also further states that the appointment was upto the end of academic year 10.4.1992. It is not in dispute that when the approval of the Government was sought the Government did not approve the appointment for the additional post. It is also not in dispute that the appellants institution is run on the basis of grant-in-aid by the Government. The services of the respondents were terminated in the year 2001 and the respondents without availing the alternative remedy available under the law straightway filed the Writ Petitions in the High Court which were allowed by the learned Single Judge and also on appeal by the management the same was affirmed by the Division Bench of the High Court.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.