IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Hans Kumar Rajwade S/o Shri Balrup Ram Rajwade – Appellant
Versus
State of Chhattisgarh Through The Secretary, Department of School Education – Respondent
| Table of Content |
|---|
| 1. challenge of contractual appointment status. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioners argue for regularization. (Para 6 , 7 , 8) |
| 3. state argues against regularization. (Para 9 , 10 , 11 , 12) |
| 4. court's detailed examination of procedures. (Para 13 , 14 , 15 , 16) |
| 5. supreme court precedents on regularization. (Para 17 , 18 , 19 , 20 , 21) |
| 6. court supports regularization due to continuous service. (Para 22) |
| 7. final directive for regularization and benefits. (Para 23 , 24) |
ORDER :
Amitendra Kishore Prasad, J.
1. By filing the present petition, the petitioners have challenged the impugned order dated 25.10.2022 (Annexure P/1), whereby it has been held that the petitioners’ appointments would not be treated as regular appointments and would continue to remain contractual in nature. The petitioners have prayed for the following reliefs:-
“10.1 Issue an appropriate writ in the nature of mandamus and quash the impugned order dated 25.10.2022 (Annexure P/1) thereby saying that the petitioners' appointment would not be altered as a regular appointment and would remain contractual in nature, in a most arbitrary manner.
10.2 Issue an appropriate writ in the nature of mandamus and di
State of Karnataka v. Uma Devi
University of Delhi v. Delhi University Contract Employees Union
The court ruled that long-serving contractual employees cannot be denied regularization based solely on contractual labels, emphasizing fair treatment under constitutional principles.
The State's arbitrary rejection of a long-term temporary employee's regularization claim violates constitutional rights and obligations, emphasizing the need for fair employment practices under Artic....
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
Regularization of employees must consider equitable treatment and the rights of long-serving individuals, given principles of fairness under the Constitution.
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