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RAJANI DUBEY
Pramod Kumar Mishra, S/o. Late Ramvilas Mishra – Appellant
Versus
State of Chhattisgarh, through Secretary, Public Works Department – Respondent
Headnote: Read headnote
ORDER :
This petition has been filed by the petitioners under Article 226 of the Constitution of India for a direction to the respondent authorities to consider their case for regularization on the basis of recommendation of the department and the scrutiny committee.
2. Brief facts of the case, as mentioned in the writ petition, are that petitioner Pramod Mishra was appointed on the post of Time Keeper on daily wages on 1.10.1993 and was removed from service on 25. 6.1997 by the Executive Engineer without affording any opportunity of hearing and without assigning any reason. The petitioner challenged the said order before the Labour Court and pursuant to the order dated 26.8.1998 of the Labour Court (Annexure P/5), he was appointed against the vacant post and thereafter, the Scrutiny Committee also recommended for his regularization. Since he had completed 240 days in service, he was entitled to be considered for regularization. The appeal preferred before the Industrial Court by the department was dismissed vide order dated 19.4.2005 (Annexure P/6).
Petiti
The main legal point established in the judgment is that reinstated daily wagers are eligible for regularization in accordance with the circular dated 5.3.2008, and the respondent authorities must de....
Discriminatory denial of regularization and violation of Article 14 of the Constitution of India
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....
The court established that employees appointed under the same selection process are entitled to equal treatment and regularization, reinforcing the principle of non-discrimination under Article 14.
The court ruled that administrative decisions regarding employment regularization must avoid arbitrary discrimination and adhere to principles of equal treatment under the law.
The court established that long-term service and existing vacancies can warrant regularization, even if initial appointments were irregular, provided the employees meet certain criteria.
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
Long-term service and performance of duties similar to regular employees justify the regularization of daily wage workers, regardless of initial irregular appointment procedures.
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