KARDAK ETE
Ajit Deb Barman, S/o. Late Lakshmi Deb Barman – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Deptt. of Home Affairs – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Mr. K.R. Patgiri, learned counsel for the petitioners in WP(C) No.1664/2019 and WP(C) No.3925/2023 and Ms. S.G. Baruah, learned counsel for the petitioner in WP(C) No.3774/2019. Also heard Mr. J.K. Goswami, learned Additional Senior Govt. Advocate, Assam for the State respondents and Mr. H.K. Das, learned counsel for the respondent Nos.7 & 8, in WP(C) No.3925/2023.
2. By filing these Writ Petitions, the petitioners have prayed for a direction to regularize their services against the sanctioned vacant posts of Circle Organiser, Village Defence Organization (in short COVDO) under Nalbari District at Tihu, Beslor and Bhangnamari Police Stations in the District of Nalbari, Assam. The petitioners have also challenged their engagement orders dated 25.01.2018 and 05.11.2018 and discharged from service as Home Guards. The petitioners further challenges the appointment of respondent Nos.7 & 8, dated 24.05.2022, as COVDO.
3. Having regard to the similarity of the factual background and the issue raised, these Writ Petitions were heard analogously and the same are disposed of by this common judgment and order.
4. The petitioners in WP(C) No.1664/2019 were appointed
Secretary, State of Karnataka Vs. Uma Devi
Style (Dress Land) Vs. Union Territory Chandigarh
Long-term employees in sanctioned posts must be considered for regularization, as established in the Uma Devi case and relevant government directives.
The court recognized the disparity in pay between contractual and regular Child Development Project Officers, allowing for potential regularization of services as a one-time measure while emphasizing....
The regularisation of ad-hoc service cannot be claimed as of right and is subject to fulfilling specific conditions.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
Regularization of illegal appointments and entitlement to monetary benefits must be determined in accordance with the statutory provisions, relevant case laws, and government orders. Part-time employ....
The main legal point established in the judgment is that the regularisation of service could only be from the date of the petitioners' appointment in regular service i.e., 03.10.2012, and not from th....
The court ruled that the failure to properly consider the D.E.O.'s inquiry report regarding attendance invalidated the rejection of service regularisation, affirming rights based on continuity of ser....
The main legal point established in the judgment is that the petitioners were not entitled to regularization of their services as drivers in the Assam Tribal Development Authority, and the court dire....
Long-serving employees engaged under judicial orders are entitled to regularisation despite initial irregularities, emphasizing fairness and continuous service.
Long-term casual employees performing perennial duties should be regularized despite administrative inertia, ensuring adherence to employment principles established in earlier legal precedents.
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