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HIGH COURT OF CHHATTISGARH AT BILASPUR
Narendra Kumar Vyas
Onkar Singh Thakur S/o Late Shri Ripudaman Singh Thakur – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Welfare Department – Respondent
Order :
(Narendra Kumar Vyas, J.)
1. The petitioner has preferred the present writ petition challenging the orders dated 04.08.2021 (Annexure P/9) and 18.02.2021 (Annexure P/10) and also to direct the respondents to regularize services of the petitioner along with all consequential benefits from the date of initial appointment i.e. 25.07.1989.
2. The brief facts as reflected from the record are that the petitioner is appointed as Choukidar on 25.07.1989 on Collector rate by respondent No. 6/Block Development Officer, Bagbahara, District Mahasamund (C.G.). The petitioner worked from 25.07.1989 to 31.03.2014. On 31.03.2014 his services were terminated by the Chief Executive Officer/Respondent No. 5 alleging that he was negligence towards discharging his duty. Thereafter, he moved an application before the Chief Executive Officer, District Panchayat Mahasamund for condoning his negligence and prayed for reinstatement. Considering his prayer he was reinstated on 01.08.2014 by the Chief Executive Officer, Janpad Panchayat, Bagbahara, District Mahasamund. Thereafter the petitioner moved a representation for regularization of his services to the Chief Executive Officer, Janpad Panchayat Bagb
The court ruled that past services of an employee cannot be disregarded for regularization if they meet the criteria set by government circulars and Supreme Court directives.
An employee's continuous service is recognized once a termination is set aside, impacting their eligibility for regularization despite initial appointment irregularities.
Point of law : Petitioner herein did not put in 10 years of service under the respondent herein at any point of time. While that being so, the impugned order, placing reliance on G.O.Ms.No.22 and G.O....
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
The main legal point established is that the petitioner's services should have been regularized from 1.1.1999 as per the regularization policy, and the plea of delay and laches was rejected due to th....
An employee's long and continuous service reinforces entitlement to regularization, regardless of initial temporary status, especially when compared to similarly situated colleagues.
Long and uninterrupted service under judicial protection legitimizes claims for regularization in public employment, irrespective of initial engagement irregularities.
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