VidhiSangh

Supreme Court of India · 17/08/2021

NEELIMA SRIVASTAVA versus THE STATE OF UTTAR PRADESH & ORS.

[2021] 8 S.C.R. 167 · 2021 INSC 410

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court restored the music teacher’s entitlement to regularisation. Her qualified appointment by the competent authority against a sanctioned post was irregular rather than illegal. More decisively, an earlier unchallenged judgment had recognised her right to hold the post and required consideration under the regularisation rules. The later Umadevi decision did not reopen that final adjudication or permit collateral challenge in a later appeal. The appeal was allowed with all consequential benefits to be extended within three months, without costs.

Issues

  1. Whether the State could use a subsequent precedent and a later appeal to reopen the earlier final judgment governing the teacher’s regularisation.
  2. Whether her appointment was properly characterised as illegal rather than irregular.

Held

Result

Appeal allowed without costs; regularisation and all consequential benefits directed within three months.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 167.