PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
Madan Singh – Appellant
Versus
State of Haryana – Respondent
What is the legality of Haryana's Notifications 16.06.2014 and 18.06.2014 regarding regularization of contractual/ad hoc/daily wage employees? What is the legality of Haryana's Notifications 07.07.2014 seeking to regularise ad hoc employees with a future cut-off date of 31.12.2018? What are the limits on regularization under Umadevi (2006) and Kesari decisions, and how do they apply to continued ad hoc employees in this case?
Key Points: - The High Court held Notifications 16.06.2014 and 18.06.2014 to be in line with Umadevi-related principles and not arbitrary; 07.07.2014 found arbitrary and illegal. (!) (!) - The Supreme Court upheld the validity of 16.06.2014 and 18.06.2014, and quashed 07.07.2014, while permitting continued ad hoc employees under 07.07.2014 to remain in the lowest pay scale under Article 142 and Jagjit Singh principles. (!) (!) (!) - Umadevi (2006) introduces the concept of a "one-time measure" to regularize ten-year or more ad hoc employees against sanctioned vacancies, with strict eligibility criteria. (!) (!) - The judgment clarifies that regularization cannot be a perpetual process and must adhere to recruitment rules; executive power cannot override statutory recruitment norms. (!) (!) - Ad hoc employees who were regularized under 07.07.2014 are struck down for regularization under that scheme, but those who benefited under 16.06.2014 and 18.06.2014 are protected, subject to verification. (!) (!) - The Court leaves open certain contentions for future cases under Article 142 to achieve justice. (!)
| Table of Content |
|---|
| 1. process of employee regularization in haryana. (Para 3 , 4 , 5 , 6) |
| 2. high court's quashing of notifications. (Para 7 , 8) |
| 3. appeals against high court's judgment. (Para 9) |
| 4. arguments from appellants and respondents. (Para 10 , 11 , 12) |
| 5. court's evaluation of notifications. (Para 17 , 18 , 20 , 21) |
| 6. clarification on one-time regularization. (Para 23) |
| 7. court's final order and judgment. (Para 24 , 25 , 26 , 27) |
JUDGMENT :
ATUL S. CHANDURKAR, J.
1. Delay, if any, is condoned in Diary No. 50483 of 2023.
2. Leave granted in the Special Leave Petitions.
3. In this batch of appeals, we are called upon to determine the correctness of the common judgment of the Division Bench of the Punjab and Haryana High Court1 [For short “the High Court”] dated 31.05.2018 rendered in a batch of writ petitions. By the said judgment, the policy decisions of the General Administration Department of the State of Haryana dated 16.06.2014, 18.06.2014 and 07.07.2014 seeking to regularise the services of various contractual/ad hoc/daily wage employees falling in Group ‘B’, ‘C’ and ‘D’ have been found to be violative of the law laid down by this Court. Accordingly, the said Notifications have be
Notifications aimed at regularizing ad hoc employees must comply with established recruitment laws and principles; ongoing regularization is not permissible without adhering to statutory procedures.
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
Completion of ten years of service gives a right to regularization, which cannot be negated by subsequent policy changes unless misconduct is proven.
The court emphasized fair treatment and equal pay, mandating regularization of long-serving employees who were arbitrarily excluded from benefits, thereby reinforcing principles of equality under Art....
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