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ASHOK KUMAR GAUR
Gopal Bijawat – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The instant writ petition has been filed by the petitioner making following prayers:-
That the respondents may further be directed to pay all arrears and benefits to the petitioner along with interest.'
2. The petitioner in his petition has pleaded following facts:-
2. The petitioner while continuing in service, received an order passed by the respondents for dis-continuing him from service on 03.07.1994.
3. The petitioner raised an Industrial Dispute before the Labour Court and the Industrial Tribunal, Ajmer & an award came to be passed in favour of the petitioner on 23.11.2001.
The operative portion of the award is quoted hereunder:-
3. The petitioner has pleaded that as per directions given by the Labour Court, his case w
The court ruled that past services of an employee cannot be disregarded for regularization if they meet the criteria set by government circulars and Supreme Court directives.
Employment rights cannot be denied based on initial appointment terms when substantive rights accrue through long-term continuous service and sanctioned posts exist.
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
An employee's long and continuous service reinforces entitlement to regularization, regardless of initial temporary status, especially when compared to similarly situated colleagues.
The right to regularization and associated benefits survives posthumously, enabling legal heirs to pursue claims based on wrongful termination and continuity of service.
The main legal point established in the judgment is that the regularisation of service could only be from the date of the petitioners' appointment in regular service i.e., 03.10.2012, and not from th....
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