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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
Bhavita, D/o. Hasmukhbhai Patel, W/o. Kulin Parekh – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. Admit. Learned advocates waive service of notice of admission for and on behalf of the respective respondents.
2. The present appeal is directed against the judgement and order passed by the learned Single Judge dated 08.04.2025, whereby the learned Single Judge has rejected the writ petition filed by the appellant-original petitioner seeking regularization of service and to grant the benefits of regular pay, which has been extended to other employees of the State Government as per the Government Resolutions dated 16.02.2006, 01.08.2006 and 18.01.2017.
BRIEF FACTS
3. The appellant-original petitioner was appointed as an Accountant-cum-Store Keeper/Typist in the Non-Governmental Organization (NGO) namely, Ali Yavar Jung National Institute for the Hearing Handicapped, Bandra (W), Mumbai (“AYJNIHH” for short) on a consolidated salary of Rs.4,000/- per month on contractual basis for a period of 179 days at the District Centers for Rehabilitation of Persons with Disabilities, Rajkot / Jamnagar. The Terms and Conditions of the appointment order reveal that she will not be governed by the Rules & Regulations applicable to AYJNIHH / Central Government temporary /
Contractual appointments do not confer entitlements to regularization or regular pay unless explicitly provided, aligning with the principle of equal pay for equal work only under specific circumstan....
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.
The State must uphold fair employment practices, ensuring that longstanding contractual employees receive regularization if their roles are recurring and essential to the organization.
Article 38(1) enjoins the State to strive to promote welfare of the people by securing and protecting as effective as it may a social order in which justice - social, economic and political shall inf....
Point of law: Doctrine of equal pay for equal work, as adumbrated under Article 39(d) of the Constitution of India read with Article 14 thereof, cannot be applied in a vacuum. The constitutional sche....
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
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.
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