9911796707
TMI Blog1991 (12) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... his court which directs a temporary employee to be regularised in his service without assigning reasons. It has to be presumed that on special grounds which must have been available to the temporary employees in those cases, they were entitled to the relief granted. Merely because grounds are not mentioned in a judgment of this court, it cannot be understood to have been passed without an adequate legal basis therefore. It is true that the High Court is entitled to exercise its judicial discretion in deciding writ petitions or civil revision applications but this discretion has to be confined to declining to entertain petitions and refusing to grant relief asked for by the petitioners, on adequate considerations ; and it does not permit the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relieved at any time without notice, and that the payment would be made at the rate indicated therein on hourly basis. The respondents accepted the offers and were appointed accordingly. On February 26, 1991, the respondents filed the writ petition (CWP No. 3150 of 1991), contending that they were entitled to be regularised in their posts as lecturers with salary on the regular pay scale. A written statement was filed refuting the claim in the writ petition and giving the references of similar writ petitions which had been earlier dismissed by this court. The respondents also detailed relevant facts which clearly distinguish the regularly appointed lecturers from the part.-time appointees, and indicate that the writ petition was fit to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this court which directs a temporary employee to be regularised in his service without assigning reasons. It has to be presumed that on special grounds which must have been available to the temporary employees in those cases, they were entitled to the relief granted. Merely because grounds are not mentioned in a judgment of this court, it cannot be understood to have been passed without an adequate legal basis therefor. On the question of the requirement to assign reasons for an order, a distinction has to be kept in mind between a court whose judgment is not subject to further appeal and other courts. One of the main reasons for disclosing and discussing the grounds in support of a judgment is to, enable a higher court to examine the same ..... X X X X Extracts X X X X X X X X Extracts X X X X
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