Allahabad High Court directs renewal of contract for temporary teachers working in school run under Aligarh Muslim University

The Allahabad High Court has directed to renew the contract of temporary teachers working in the school run under the aegis of the Aligarh Muslim University as before and pay them regular salary.

A Single Bench of Justice J.J Munir passed this order while hearing a petition filed by Uzma Naseem and 11 Others.

The Court noted that,

On 25.05.2023, the following interim order was passed backed by reasons carried in the order of that date:

“1. Supplementary affidavit on behalf of the university is taken on record.

2. Heard Manish Goyal assisted by Ananya Shukla, counsel for the petitioner. Neeraj Tripathi, senior Advocate assisted by Shashank Shekhar Singh, appearing for the University.

3. Admittedly petitioners have been continuing, though on a temporary basis in the school run under the aegis of the University and are being paid salary ever since their initial appointments. They have been made to continue on a year to year basis by way of renewal of their respective appointments. It is submitted that this time while on 21.03.2023 advocate appearing for the university made an admission to the effect that renewal of appointments had been accorded for the next academic session on 17.03.2023 but the petitioners were directed to enter into a fresh contract of service. He submits that their terms of contract continuing since 2016 are sought to be changed as fresh terms of contract provide only for the basic pay and no other emoluments which were earlier used to be given to them. He submits that the petitioners are still working and taking classes and have even conducted examinations as invigilators.

4. Per contra, it is argued that the petitioners having not entered and signed the fresh contract by filling up the requisite form, they cannot be paid salary. In so far as the reduction in pay is concerned it is stated that the University has taken a policy decision to pay only basic pay to such temporary teachers.

5. Having heard counsel for the parties I find that a statement was made previously that petitioner’s contract has been renewed and so order was passed on 17.03.2023. The court was given to understand that the petitioners were continued on same terms and shall not be required to sign any fresh contract which may reduce their emoluments. The court was also given the impression that after the renewal had been granted to such temporary teachers, they would be permitted to work and would be paid a salary.

6. In such above view of the matter, I hereby provide that if the petitioners have been working in the school run by the University, they shall be continued temporarily in employment upon the conditions on which their temporary services were renewed every year previously and they be paid salary as they had been receiving previously in the meanwhile, until this matter is disposed of finally.

7. List this matter for final hearing on 11.07.2023.”

On May 10, a complaint has been made seeking remedy by way of a wrong doer that the petitioner’s renewal during the current academic session is soon to come to an end, that is to say , 2023-24 and the respondents do not intend to renew the petitioner’s appointment for the next session 2024-25 as well.

“A perusal of the order dated 25.05.2023 shows that the temporary services of the petitioner had to be renewed every year and the petitioners paid salary as they had been receiving previously, until this petition is disposed of finally. The petition is yet to be heard. Therefore, there was no justification not to re-engage the petitioners during the academic session 2023-24 nor is there any justification not to re-engage them during the forthcoming academic session, 2024-25”, the Court observed.

Therefore, The Court modified the order dated 25.05.2023 and it is ordered that the petitioners shall be reinstated in service forthwith during the current academic session for whatever is the remainder period of it and paid salary regularly and their engagement shall be renewed during the next academic session in terms of the interim order dated 25.05.2023.

The Court has fixed the next hearing of the petition on 23.05.2024.



from India Legal https://ift.tt/lxQBZni

Popular posts from this blog

What Is Solana: A Description, Use Cases, Prospects

Most traders focus on well-known cryptos only, like BTC or Ether. However, today, there are many other blockchain networks that are worth considering. And some of them, for example, Solana, even have ambitions to force current leaders out. Thus, we offer you to get acquainted with this coin without a delay. Solana (SOL) is one of the blockchain platforms created for performing transactions at a high speed and at a cheap price similar to other networks of this kind. Likewise, it can be utilized for trading, paying for diversified goods and services, performing smart contracts, creating NFTs, accessing decentralized financial opportunities, for example, loans, etc. Yet, when one asks the question “ What is Solana? ”, one usually wants to find out if it is worth buying, in the first place. Thus, we must note right away that this network outcompetes other popular platforms both in terms of speed and in terms of costs. To be more precise, it can process 13 deals per second, while Bitcoin
Read more

FX Options Trading: Best Online Brokers

Never used options on Forex? Looks like you missed lots of profitable deals. Be sure to learn more about this method and decide whether it suits you. Start by reading our short review for beginners. In the end, we will give you a list of companies that offer the best terms for such trades. Let us start with a short theory about this trading method. In practice, an option is a contract that allows a trader to buy or sell a certain currency at a chosen price and on a chosen date.  FX options trading  is based on forecasts. For example, if a potential buyer believes that the price of a certain currency will grow in the future, he can reserve the right to buy it at a lower price. For this opportunity, one must pay a commission (or a premium). Another crucial point is that executing such deals is optional. When the date agreed comes, one can decide whether it is worth buying or selling the currency chosen. Also Read: Interactive Brokers Fees: An Overview for Potential Users And what abo
Read more

Crypto Trading Bot: Should You Try It and Which One to Choose

Are you searching for an instrument that will help you trade crypto at minimum risk and time expense, but with maximum earnings? Then, try a trading robot. Find the basic information about this tool and the list of the most reliable and effective products offered by the market. So, such a robot is a program that executes trades involving crypto in an automated mode based on the market situation and parameters set by its user. It can make use of diversified algorithms, patterns, signals provided by other traders, etc. Here are the major benefits such software can offer:   Time economy. A day trader does not have to spend a whole day monitoring the market.   No human mistakes. Such a program operates in strict accordance with the parameters and algorithm set. By contrast with traders, it cannot make mistakes due to fatigue or external distractions.   Fast reaction. Compared to humans, it takes a bot less time to analyze the current situation on the market and to react to changes in
Read more