judgement
2024-07-23
Subject: Administrative Law - Employment and Labor
The case involves a government employee,
The court found that the Additional Chief Secretary had not properly considered the principles laid down in the
The court further observed that the Additional Chief Secretary's attempt to revise the earlier order during the pendency of the writ petition was impermissible and untenable in the eyes of law, as the authority had become functus officio (having fulfilled its function) after passing the initial order.
The court quashed the impugned order dated September 12, 2023 and directed the government to notionally regularize
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The court affirmed the right to retrospective regularization of services and pension benefits for temporary workers after five years of service, emphasizing adherence to prior judicial directives.
The acceptance of a regularization condition precludes the claim for retrospective appointment.
Long-term service in irregular employment merits regularization despite procedural non-compliance, reaffirming equal treatment rights under Article 14 of the Constitution.
Regularization of service does not confer the right to retrospective benefits from the date of initial appointment; such benefits are contingent upon the terms of regularization.
Regularisation of service must be prospective to avoid affecting the seniority of regularly appointed employees, as established by Supreme Court precedents.
Claims for retrospective regularization and promotion must be timely and justified; seniority rules govern promotions.
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