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A. S. SUPEHIA, GITA GOPI
Ahmedabad Municipal Corporation – Appellant
Versus
Prajapati Rohit P – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present Letters Patent Appeal filed under Clause 15 of the Letters Patent is directed against the judgment and order dated 18.09.2018 passed by the learned Single Judge allowing the captioned writ petition filed by the respondents-employees of the appellant-Corporation. The learned Single Judge has held that the respondents-employees are entitled to be regularized in service from the date on which they completed service of 5 years and 900 days i.e. from 01.11.2005 and not from the date on which the regularization order was passed.
BRIEF FACTS:
2. Initially, in the year 2000, the daily wagers employed by the appellant-Corporation, filed writ petition being Special Civil Application No.5019 of 2001 and allied matters before this Court seeking regularization.
3. During the pendency of the aforesaid petition, the policy decision was taken by the appellant-Corporation by passing a Resolution No.447 of 2004 on 13.08.2004, inter alia declaring that the daily-wagers, who have completed 5 years and 900 days in service as on 15.08.2004, will be regularized by creating supernumerary posts. Accordingly, the appellant- Corporation passed
The court held that regularization of employees cannot be claimed retrospectively unless supported by sufficient sanctioned posts, reaffirming the discretion of the Corporation in policy matters.
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
The court established that employees cannot claim regularization unless they are working against sanctioned posts, as per the Jharkhand Regularization Rules of 2015 and 2019.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
Pre-regularization service - claim of the employee should have been considered immediately if not through pre-regularization services and get counted for the purpose of terminal benefits
The main legal point established is that the petitioner's services should have been regularized from 1.1.1999 as per the regularization policy, and the plea of delay and laches was rejected due to th....
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