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SAMEER JAIN
Mukesh Kumar – Appellant
Versus
Board Of Secondary Education – Respondent
JUDGMENT
1. Present petition is filed with following prayers:-
"(i) An appropriate writ, order or direction to the respondent for regularisation of his services on the post of Class-IV employee with effect from 25.09.1003, the date of his initial appointment with consequential benefit to regular pay scale.
(ii) An appropriate writ, order or direction to the respondent to pay him minimum in the scale of pay of Class-IV employee along with arrears of regular pay scale w.e.f. 25.09.1993 up till now with interest @ 18%.
(iii) An appropriate writ, order or direction to the respondent to consider the petitioner for promotion on the post of L.D.C./U.D.C. as per seniority of the year 1993.
(iv) Any appropriate writ, order or direction to the respondent to quash any adverse order passed against the petitioner for discontinuation of his services/retrenchment pending the writ petition.
(v) Any other appropriate writ, order or direction to the respondents which this Hon'ble Court deems just, and proper in the circumstances of the case.
(vi) Cost of the writ petition."
2. Learned counsel for the petitioner submits that petitioner was appointed by Secretary, Board of Secondary Education, Rajasthan, Ajme
Regularization of employment and non-discrimination based on the continuous and uninterrupted service rendered by the petitioner.
The appointment of similarly situated persons under available vacancies can distinguish a case from precedents and influence the court's decision on regularization.
Withdrawal of regularization based on educational qualifications after judicial directions is arbitrary and violates fundamental rights under Articles 14, 16, and 21.
Employment rights cannot be denied based on initial appointment terms when substantive rights accrue through long-term continuous service and sanctioned posts exist.
The main legal point established in the judgment is the court's discretion to permit a fresh representation for retrospective regularization and the restriction on monetary benefits for a specified p....
The rejection of a case for regularization on the same ground previously rejected by the court is not legally sustainable.
The court ruled that administrative decisions regarding employment regularization must avoid arbitrary discrimination and adhere to principles of equal treatment under the law.
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