SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Guj) 931

BIREN VAISHNAV
Shrimali Manojkumar Manilal – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. HRIDAY BUCH, ADVOCATE for MR. NISHIT GANDHI, MR. N.K.MAJMUDAR, MR. DENISHKUMAR B MORAKHIA, MS. KRUTI M SHAH, MR. VAIBHAV VYAS, MR. DISHANT K THAKKAR, ADVOCATE
For the Respondent:MR. H.S.MUNSHAW, ADVOCATE, MR. UTKARSH SHARMA

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The court has consistently held that employees who have been appointed on ad-hoc or contractual basis and have continued in service for a significant period, often exceeding ten years, are entitled to consideration for regularization and benefits similar to those granted to similarly situated employees in other districts (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  2. The principle of equality before the law mandates that employees in similar circumstances must be treated equally, and any discriminatory treatment is unlawful. Discrimination based on district, appointment type, or procedural lapses without rational basis is contrary to constitutional guarantees (!) (!) (!) (!) (!) (!) (!) (!) .

  3. The court emphasizes that the delay or casual approach by authorities in initiating regular selection processes, especially when appointments were made with the condition of future regularization, results in a violation of the employees’ rights. Such delays and procedural lapses can be deemed unreasonable and arbitrary (!) (!) (!) (!) (!) (!) (!) .

  4. Discrimination in regularization benefits across districts, despite similar appointments and service durations, is unjustified and violates the principles of natural justice and equality. The court directs authorities to extend benefits uniformly to all similarly situated employees (!) (!) (!) (!) .

  5. Employees who have been working continuously for many years, even beyond the period of initial appointment, and who have participated in regular selection processes, are entitled to regularization from their initial appointment date, provided procedural conditions were met (!) (!) (!) (!) .

  6. The court recognizes that irregular appointments that are not illegal, and employees who have worked for a long duration, should be considered for regularization as a one-time measure, ensuring non-arbitrariness and reasonableness in administrative actions (!) (!) (!) .

  7. Orders of termination or rejection of regularization requests, when based on procedural lapses or delays attributable to authorities, are subject to review and can be set aside if they violate the principles of fairness and equality (!) (!) .

  8. The court has repeatedly directed authorities to consider the cases of employees for regularization from their initial appointment dates, with consequential benefits, within specified timeframes, ensuring compliance with constitutional principles (!) (!) (!) (!) .

  9. Discriminatory treatment based on non-uniform policies or selective benefits, especially when similar employees have been regularized elsewhere, is unlawful. Uniform policies should be applied to prevent discrimination and uphold the constitutional guarantees of equality and non-arbitrariness (!) (!) (!) (!) .

  10. Overall, the legal principles reinforce that employees who have served for a long period, participated in regular processes, and are similarly situated must be granted regularization and associated benefits, and any administrative delays or discriminatory practices must be rectified in accordance with constitutional mandates.


JUDGMENT :

Special Civil Application Nos. 14946 of 2022, 5040 of 2022, 3468 of 2022, 13139 of 2022, 12375 of 2022, 12377 of 2022, 12960 of 2022, 12986 of 2022, 13554 of 2022, 13680 of 2022, 13404 of 2022, 13370 of 2022, 13388 of 2022, 14868 of 2022, 13147 of 2022, 13151 of 2022 and 13198 of 2022.

1. These petitions are filed challenging the order dated 07.01.2022/15.01.2022 and 07.05.2022 by which the petitioners’ representations seeking reinstatement and regularization on the post of Multi Purpose Health Worker (Male) (Class-III) with the Panchayat Department in accordance with the order passed by this Court on 25.07.2018 have been rejected.

2. Facts in brief are as under:

2.1 The petitioners were working as Multi Purpose Health Workers (Male), Class-III (for short ‘MPHW’) from their respective dates of appointment. These petitioners were appointed pursuant to an advertisement and an examination and interview. Their appointments were on a fixed salary on contractual basis.

2.2 These appointments were in different district panchayats and therefore each district panchayat treated its employees differently. Petitions were filed before this Court with a prayer that their services be regula

                      Click Here to Read the rest of this document
                      1
                      2
                      3
                      4
                      5
                      6
                      7
                      8
                      9
                      10
                      11
                      SupremeToday Portrait Ad
                      supreme today icon
                      logo-black

                      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                      Please visit our Training & Support
                      Center or Contact Us for assistance

                      qr

                      Scan Me!

                      India’s Legal research and Law Firm App, Download now!

                      For Daily Legal Updates, Join us on :

                      whatsapp-icon telegram-icon
                      whatsapp-icon Back to top