TMI Blog1996 (2) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... s and other employees to whom grand-in-aid was given. Two candidates, namely, the respondents Ramdeo Yadav and Raj Narain Yadav were untrained teachers appointed after 1.1.1971. They filed the writ petition in the High Court for a direction to regularise their services on the premise that they had completed the training subsequently and that, therefore, they are entitled to be deemed Government servants from 1.1.1971. The High Court in CWJC No.1963/95, dated July 27, 1993 allowed the writ petition following its earlier judgment holding that they must be deemed to have been appointed as on 1.1.1971 and by the date of their taking over, namely, January 13, 1981, they have already completed that training and that, therefore, they shall be regu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken over institution. Therefore, the High Court cannot issue a mandamus directing the Government to act in violation of law. On the other hand, Shri Rudreshwar Singh, learned counsel for the respondents contended that though they were temporarily appointed after 1.1.1971, the respondent having been given training at the Government expense and completed training, they must be deemed to have been taken over and became the Government servants w.e.f 1.1.1971. Section 4 of the Act does not make any distinction between employees regularly appointed or employees irregularly appointed and that, therefore, the view taken by the High Court is correct in law. Having given due consideration to the respective contention, we find that there is f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the responsibility of the Secretary of the Managing Committee to terminate the services of such teacher prior to the said date . Consequentially, the operation of the Act, namely, Section 3(2) read with 3(4) will be functional only after the report submitted by the Committee and accepted by the State Government. In terms of the aforesaid orders, any untrained teachers existing prior to the take over are not eligible to be taken over. Section 4 would operate only in respect of the employees qualified and working prior to the taking over. Consequently, the view of the High Court is clearly illegal. It is equally settled law by decisions of this Court in of this Court in J K Public Service Service Commission vs. Dr. Narinder Mohan ors ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
