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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Md. Mahiuddin – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. long-standing service dispute. (Para 1 , 2 , 3 , 4) |
| 2. inconsistent administrative claims. (Para 5 , 6 , 7 , 8 , 9) |
| 3. arguments for and against regularization. (Para 12 , 13 , 14 , 15) |
| 4. judicial rationale for regularization. (Para 16 , 17 , 18 , 19 , 20) |
| 5. final order for regularization. (Para 24 , 25 , 26) |
JUDGMENT :
PARTHA SARATHI CHATTERJEE, J.
1. The petitioner and the Department of Panchayats are embroiled in protracted litigation concerning the regularization of the petitioner's appointment to the post of Gram Panchayat Karmee in Sahapur-II Gram Panchayat (for short, the Gram Panchayat), under Goalpukur-II Development Block, District – Uttar Dinajpur.
2. The genesis of the dispute, which has culminated in the present long-drawn litigation, dates back to 17.09.2007, when the petitioner was engaged as a Gram Panchayat Karmee in Sahapur-II Gram Panchayat pursuant to a resolution adopted by the Gram Panchayat on 06.11.2006. Since then, the petitioner has been continuously discharging his duties and rendering services.
3. In this fifth round of litigation, the petitioner has renewed his prayer for regularization of his appointment to the post and for the release of
Long-service employees in sanctioned roles are entitled to regularization despite initial irregular agreements, reinforcing the need for adherence to constitutional hiring principles.
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
The court emphasized that long uninterrupted service in governmental roles, despite initial irregular appointments, warrants consideration for regularization in accordance with established legal prec....
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
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