VIPUL M. PANCHOLI, HASMUKH D. SUTHAR
Axaykumar Tulsidas Patel – Appellant
Versus
Gujarat Vidyapith – Respondent
ORDER :
VIPUL M. PANCHOLI, J.
1. When the matter is called out, learned advocate for the appellant has fairly pointed out that in identical matters being Letters Patent Appeals Nos.437 of 2023 and 439 of 2023, this Court has passed an order dated 6.4.2023, whereby the appeals filed by the concerned appellants have been dismissed. It is also pointed out that the learned Single Judge had passed a common order on 12.10.2022 in all the three petitions filed by the concerned petitioners.
2. In view of the aforesaid, the issue involved in the present appeal is squarely covered by the order dated 6.4.2023, wherein this Court has observed as under :
2. Both these appeals arise out of the common oral order dated 12.10.2022 rendered by the learned Single Judge, whereby learned Single Judge dismissed the petitions filed by the respective appellants and, hence, the appellants have filed two different appeals under Clause 15 of the Letters Patent.
3. Heard learned advocate, Mr. Aditya Gupta for the appellant and learned advocate, Mr. M.K. Vakharia for the respondent.
4. Fo
Ashwani Kumar & Ors. Vs. State of Bihar & Ors.
Narendra Kumar Tiwari & Ors. vs. State of Jharkhand and Others [(2018) 8 SCC 238]
State of Jharkhand & Ors. vs. Kamal Prasad & Ors. [(2014) 7 SCC 223]
The court emphasizes that regularization of temporary employees must adhere to principles of equality and fairness, ensuring parity in treatment for similarly situated employees.
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
High Courts, in exercising power under Article 226 of Constitution will not issue directions for regularization unless employees claiming regularization had been appointed in pursuance of a regular r....
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