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SANJAY KUMAR MEDHI
Jobati Marak W/o. Sri Domai Sangma – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
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 contingen
Regularization of service cannot be claimed as a matter of right; specific conditions must be met as per applicable notifications.
Regularization of service cannot be claimed as a right; it is subject to meeting specific preconditions set by relevant notifications and judicial precedents.
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.
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
High Courts cannot grant regularization of temporary employees unless they were appointed through a lawful selection process in accordance with constitutional norms.
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....
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