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A. S. SUPEHIA
Vishvnath Prahladbhai Pandya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
Order in Special Civil Application No.11827/2019
1. RULE. Learned AGP Mr.Aditya D. Davda waives service of notice of rule on behalf of the respondents.
2. The Present writ petition has been filed for the following prayers:-
(B) Your Lordships may be pleased to direct the respondent Authorities to grant the petitioners periodical revision in their salary and further be pleased to direct the respondent Authorities not to force upon the petitioners to joint through the outsourcing agency and not to terminate their services in case of the petitioners dealing to join outsourcing agency.”
3. The prayers indicate that the petitioners are seeking a direction directing the respondent authority to consider the petitioners as regular employees like the Gujarat Government Employees and not the employees of the outsourcing agencies.
4. All the petitioners are appointed on contractual basis
Employees appointed in temporary units on contractual basis are not entitled to absorption or regularization, as their initial appointment was not on permanent sanctioned posts.
Continuous and necessary service by contractual employees requires consideration for regularization, transcending mere contractual limitations, provided sanctioned posts exist.
The regularization of long-serving contractual employees is mandated when their roles are inherently permanent, ensuring compliance with employment laws and protections against exploitation.
Regularization of employees must consider equitable treatment and the rights of long-serving individuals, given principles of fairness under the Constitution.
Regularisation – No such direction can be issued by High Court for absorption/regularisation of employees who were appointed in a temporary unit which was created for a particular project and that to....
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....
The principle of regularization of services and grant of regular pay-scale as per relevant government resolutions, and the prohibition of discriminatory treatment in public employment.
Long-serving irregular appointees on sanctioned posts entitled to regularization after 10+ years service, per Jaggo v. UOI clarifying Uma Devi.
Temporary and contractual employees cannot claim regularization based solely on long service without following established recruitment procedures as mandated by the Constitution.
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