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J. K. MAHESHWARI, ATUL S. CHANDURKAR
Pawan Kumar – Appellant
Versus
Union of India – Respondent
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JUDGMENT :
ATUL S. CHANDURKAR, J.
1. Leave granted.
2. The appellants having registered themselves with the Employment Exchange claim to have worked as casual workers with the Office of the Commissioner of Income Tax, Gwalior for a considerable period of time. Under the expectation that they would be conferred temporary status and their services would be thereafter regularized, the appellants initially made representations to the Income Tax Department. On their request not being accepted, the appellants approached the Central Administrative Tribunal, Jabalpur Bench1 [For short the ‘Tribunal’] by preferring Original Application No. 719 of 2012 with a prayer to consider their cases for regularization in service. The Tribunal by its judgment dated 13.05.2015 held that the services of the appellants were not liable to be regularized on the ground that they did not fulfil the basic criteria of regular service for a period of ten years as on 10.04.2006 in terms of the judgment in Secretary, State of Karnataka and Others vs. Umadevi and Others, 2006 INSC 216. Being aggrieved, the appellants approached the High Court of Madhya Pradesh challenging the aforesaid decision. By the judgment dated
Regularisation – There can be no discrimination in the matter of regularizing services of similarly situated employees.
Long-serving casual employees (25+ years) in perennial roles entitled to regularization despite irregular initial engagement, with parity to similarly regularized peers; CAT has jurisdiction; violate....
Long continuous service (>10 years) as daily wagers on perennial essential duties entitles regularization consideration despite irregular initial engagement; distinguishes irregular from illegal appo....
Long-serving casual labourers on perennial duties entitled to regularization despite irregular initial engagement, as Umadevi distinguishes irregular from illegal appointments and prohibits exploitat....
Long-term casual workers on perennial duties entitled to regularization with parity to similarly situated employees, overriding strict eligibility if equity demands.
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