Ad hoc teacher appointed on sanctioned post under 1983 Rules: denial of regularization under 2001 Rules overturned, benefits ordered.

Where an ad hoc teacher was appointed by the prescribed appointing authority under the 1983 Service Rules, against a sanctioned post, and possessed the requisite qualifications, denial of regularization under the Regularization Rules, 2001 on the ground that the initial appointment was against a leave vacancy was held unsustainable. The SC held that the State could not invoke the "litigious appointment" principle from Umadevi to defeat regularization, nor could it reopen concluded findings by raising a fresh plea of prior termination that was not urged before the Single Judge and had attained finality; permitting such pleas would amount to abuse of process. The HC Division Bench judgment was set aside and the employee was directed to be regularized with all consequential benefits within three months.

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Issues Involved:
1. Validity of the appellant's temporary appointment.
2. Applicability of Regularization Rules, 2001 to the appellant.
3. Legality of the appellant's continued employment under interim court orders.
4. Finality and binding nature of previous court judgments.

Issue-wise Detailed Analysis:

1. Validity of the appellant's temporary appointment:
The appellant was initially appointed as an Assistant Music Teacher on a temporary basis in 1984 to fill a leave vacancy. The terms of her appointment were later modified to end either when the incumbent returned or by a specified date. The appellant challenged this modification in court, and an interim order allowed her to continue until the permanent incumbent returned, which never happened. The court noted that her qualifications met the prescribed requirements, and she continued in her role until 2020 without interruption.

2. Applicability of Regularization Rules, 2001 to the appellant:
The appellant sought regularization under the UP Secondary Education Department Regularization of Ad hoc appointments on the Post of Trained Graduate Teachers Rules, 2001. The High Court initially ruled in her favor, stating she had acquired a right to hold the post due to her continuous satisfactory service. Despite this, the Joint Director of Education rejected her regularization, arguing that her initial appointment on a leave vacancy did not qualify under the 2001 Rules. However, the Supreme Court found that her appointment was irregular, not illegal, and she met the criteria for regularization, having worked for over 10 years in a sanctioned post with the necessary qualifications.

3. Legality of the appellant's continued employment under interim court orders:
The Division Bench of the High Court viewed the appellant's appointment as litigious, continued only due to interim court orders, and thus not enforceable for regularization. The Supreme Court, however, clarified that the continuation of her service under interim orders did not disqualify her from regularization, especially since the earlier judgment granting her the right to the post had attained finality and was not challenged.

4. Finality and binding nature of previous court judgments:
The Supreme Court emphasized that the High Court's earlier judgment in favor of the appellant, which had become final, crystallized her right to regularization. The Division Bench's attempt to re-evaluate this final judgment was erroneous. The Supreme Court reiterated that judgments which have attained finality cannot be reopened or challenged in collateral proceedings. The appellant's right to regularization, as determined by the earlier court decision, remained binding and enforceable.

Conclusion:
The Supreme Court set aside the Division Bench's judgment, reinstating the appellant's right to regularization with all consequential benefits, to be implemented within three months. The court underscored the importance of respecting final judgments and the principles of res judicata and finality in legal proceedings.

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