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SANJAY K. AGRAWAL
Sada Ram Banjare, S/o. Bhuwal Lal – Appellant
Versus
State of Chhattisgarh, Through Secretary, Revenue Department Secretariat, Chhattisgarh – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. Invoking the writ jurisdiction, the petitioners have filed this writ petition under Article 226 of the Constitution of India seeking writ of mandamus directing the State that the petitioners be given regularisation with retrospective date i.e. from initial date of appointment 09.06.1993 & 30.06.1993.
2. It is the case of the petitioners that they were appointed in Special Recruitment Drive initiated by the Collector on the post of Chainman on daily wages basis on 09.06.1993 & 30.06.1993 and their services were not regularised leading to filing of Writ Petition (S) No.3177/2005 before this Court in which by order dated 28.08.2006, this Court directed the State Government to consider the case of the petitioners in light of the decision of the Supreme Court in the matter of Secretary, State of Karnataka v. Umadevi & Ors., (2006) 4 SCC 1 and pursuant thereto, the petitioners were regularised on the post of Chainman w.e.f. 22.11.2007, which they accepted without demur and protest and thereafter after delay of six years, on 15.04.2013 this writ petition has been filed by the petitioners claiming that the regularisation granted on 22.11.2007 be directed to be
Regularisation of service must be prospective to avoid affecting the seniority of regularly appointed employees, as established by Supreme Court precedents.
Temporary appointments do not confer the right to claim preferential treatment for retrospective regularisation, and the conduct of a special competitive examination for absorption can impact the ent....
The acceptance of a regularization condition precludes the claim for retrospective appointment.
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....
Regularization of service requires sanctioned vacancies, and proposals do not confer enforceable rights. Voluntary waivers significantly impact employee claims and equitable principles cannot overrid....
Irregular or illegal appointments cannot be regularised, and the benefit of regularisation already granted by the government is a concession that cannot be extended further.
The acceptance of terms and conditions of a settlement and failure to approach the competent authority under the Act precludes a claim for retrospective regularization after a significant lapse of ti....
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