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SANJAY KUMAR MEDHI
Jobati Marak – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
The instant petition under Article 226 of the Constitution of India has been filed with the following prayers:
2. As per the facts projected, the petitioner was appointed as contingent Manual Worker (Peon) vide orde
Regularization of service cannot be claimed as a right; it is subject to meeting specific preconditions set by relevant notifications and judicial precedents.
Regularization of service cannot be claimed as a matter of right; specific conditions must be met as per applicable notifications.
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
Point of Law : Court that practice of the respondent Corporation in not regularizing the service of the workmen even though they have completed eight years of service, amounts to unfair labour practi....
Court reaffirmed that failure to regularize an eligible employee's service constitutes a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution.
High Courts cannot grant regularization of temporary employees unless they were appointed through a lawful selection process in accordance with constitutional norms.
The court does not have the power to direct regularization and/or absorption in service unless the recruitment itself was made regularly and in terms of the constitutional scheme. The petitioner fail....
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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