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PUSHPENDRA SINGH BHATI
Mukesh Sharma, S/o. Shri Ram Swaroop Sharma – Appellant
Versus
Gomati Sharma – Respondent
ORDER :
1. Learned counsel for the respondents have shown to this Court the order dated 16.01.2019 passed by a Coordinate Bench of this Hon’ble Court in Sunil Kumar Ojha Vs. Jai Narayan Vyas University & Anr., S.B. Civil Writ Petition No.1456/2016 and other connected matters; the operative portion of which, reads as follows :
“7. Resultantly, all these writ petitions are allowed in terms of Jitendra Kumar’s case (supra) and the respondents are directed to regularize the services of the petitioners and pass appropriate suitable orders awarding them consequential benefits within a period of three months from today.””
2. The aforementioned order dated 16.01.2019 was upheld by the Division Bench of this Hon’ble Court vide judgment dated 13.08.2021 in Jai Narain Vyas University & Anr. Vs. Mukesh Sharma, D.B. Civil Special Appeal (Writ) No.347/2019 & other connected matters, the operative portion of which is reproduced as hereunder :
Mr. P.R. Singh, learned counsel for
Since the similarly situated persons have already been extended the benefit of regularization, the University should have taken up the cases of the respondents petitioners on its own and as a model e....
Long-term service of daily-wage employees justifies regularization without state approval, and previous benefits under welfare legislation do not prevent such regularization.
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Prolonged service in essential roles transforms temporary positions into regular ones, necessitating regularization, despite initial stipulations against it.
The main legal point established in the judgment is the entitlement to regularization and equal pay for employees who have completed five years of continuous service, as per the Dhrubananda Mishra ju....
The main legal point established in the judgment is that the Petitioners' service should have been regularized as they were engaged against sanctioned posts by following due process of selection and ....
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