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PURNENDU SINGH
Rajesh Kumar – Appellant
Versus
Union of India – Respondent
Purnendu Singh, J.—Heard Mr. Lalit Kishore, learned Senior Counsel assisted by Mr. Arbind Kumar Singh, Mr. Ayush Kumar, Mr. Kanishk Shankar and Mr. Chandan Kumar, learned counsels appearing on behalf of the petitioner and Mr. K.N. Singh, learned Additional Solicitor General assisted by Mr. A.B. Mathur, learned C.G.C., Mr. Amarjeet, learned J.C. to learned A.S.G., Ms. Prakritita Sharma, learned J.C. to learned A.S.G. and Mr. Kanishk Kaustubh, learned counsel for the respondents.
2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which are reproduced hereinafter:—
"i. For issuance of writ in the nature of mandamus or any other appropriate writ/ order/ direction directing Respondents authorities to regularise the service of petitioner after setting aside the order dated 10.08.2023 issued by the Respondent no. 3, whereby and where under the Respondent no. 3 denied the regularisation of petitioner ignoring the judgment passed by Hon'ble Supreme Court in Narendra Kumar Tiwary and others vs. State of Jharkhand and others reported in 2018 (8) Supreme Court cases page- 238 merely on the ground that there is a Lack of specific provision
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
Regularization of service is permissible for employees with long-term engagement despite irregular appointments, emphasizing the distinction between illegality and irregularity under established juri....
In cases of long, continuous service, employees serving in irregular capacities may be regularized despite initial procedural discrepancies, especially in the absence of valid recruitment processes.
Date of initial appointment of petitioner is to be considered in present matter for calculating 10 years of his services for purpose of regularization.
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