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SAMEER JAIN
Hukam Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. Since same question of law on almost identical facts is involved in all these writ petitions, the same are being decided by this common order.
2. For the decision making process, the facts of SB Civil Writ Petition No.17675/2015 (Hukum Singh v. State Personnel Department & Anr.) are dealt with as a lead case which shall be applied mutatis mutandis in other connected writ petitions.
3. The petitioner was initially appointed as a Class IV employee on 08/07/1989 on daily wages basis. The claim of the petitioner is that he has discharged more than 20 years of service and 12 other persons were also assigned various duties as Class IV employees with the respondents. The similarly situated persons filed various writ petitions before this Court and the same were allowed and such similarly situated persons were regularized in service vide order dated 17/03/2001 (Annexure 2). The petitioners earlier filed SB Civil Writ Petition No.9979/2007 before this Court praying for salary in regular pay-scale for the post of Class IV servant and regularization of his services. During pendency of the said writ petition, the Rajasthan Class IV Service (Recruitment and other Service Conditions) Ru
The appointment of similarly situated persons under available vacancies can distinguish a case from precedents and influence the court's decision on regularization.
Regularization of employment and non-discrimination based on the continuous and uninterrupted service rendered by the petitioner.
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 court established that employees appointed under the same selection process are entitled to equal treatment and regularization, reinforcing the principle of non-discrimination under Article 14.
The court emphasized fair treatment and equal pay, mandating regularization of long-serving employees who were arbitrarily excluded from benefits, thereby reinforcing principles of equality under Art....
Part-time employees cannot claim regularization or equal pay unless appointed against sanctioned posts, as per established legal precedents.
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