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BIREN VAISHNAV
Paresh Ishwarbhai Desai – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. Heard learned advocates for the respective parties.
2. The prayer in this petition is for a direction to regularize the petitioner on the post of Surveyor from the date on which the petitioner has completed five years of service.
3. Shortly stated, the facts are that the petitioner after undergoing a regular process by the respondents no. 2 and 3 was appointed as Surveyor with effect from 01.07.2013. Hence the prayer is to consider his case for regularization in light of he having completed five years of service.
4. Mr. Hemang Parikh, learned advocate appearing for Mr. Apurva Kapadia, learned advocate for the petitioner would place reliance on a decision of this court dated 21.12.2019 rendered in Special Civil Application No. 9523 of 2009 wherein the case of the petitioners therein was to be regularized. The relevant portion of the order reads as under:
The main legal point established in the judgment is the court's authority to direct the authorities to consider the regularization of the petitioner's service in light of similar cases and relevant c....
The main legal point established in the judgment is that irregular appointments, if not illegal, may warrant consideration for regularization, especially when similar cases have been directed for reg....
Employment and Service matter - Regularization of service - Absence of any strong justification assigned by respondents, for not regularizing service of petitioner, case of petitioner also needs cons....
The court emphasized the need for regularization of employees appointed irregularly but possessing the prescribed qualifications and working against sanctioned posts, in line with previous judgments.
The main legal point established in the judgment is the requirement to consider the regularization of the petitioner's services in line with previous judgments and the directions issued by the court.
The main legal point established in the judgment is that contractual employees who have served for more than ten years without the protection of any interim order are entitled to be considered for re....
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.
The court established that long-term service and existing vacancies can warrant regularization, even if initial appointments were irregular, provided the employees meet certain criteria.
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