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ANOOP KUMAR DHAND
Suresh Yadav – Appellant
Versus
Nagar Nigam Jaipur Through Its Chief Commissioner Head Office – Respondent
ORDER
1. Instant petition has been filed by the petitioner with the following prayer:-
(i) Given directions to the respondents for regularization of service of the petitioner from the date the similarly situated persons given benefits of regularization.
(ii) Given directions for payment of arrears and other benefits to the petitioner.
(iii) Any order or direction may deem fit and proper in favour of the petitioner for and of Justice.'
2. Counsel for the petitioner submits that the petitioner was appointed on the post of Driver on contract basis through placement agency in the year 1995 but his services were terminated in the month of February, 1999 and again he was taken back in service on the same post in the month of June 1999. Counsel submits that since then the petitioner was continuously working on the said post of Driver without interruption and the respondents are liable to regularize the services of petitioner. Counsel submits that the case of the petitioner is squarely covered by the judgment of this Court passed in the case of Lachchhi Ram Sharma Vs. Jaipur Municipal Cor
Contractual employees cannot claim regularization without a formal appointment or established employer-employee relationship.
Contractual employees lack a fundamental right to regularization; such claims must comply with constitutional provisions and relevant recruitment rules.
The court affirmed that contract laborers engaged in perennial work are entitled to regularization of services, emphasizing the need for equitable treatment among similarly situated employees.
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
Establishing an employer-employee relationship is essential for regularization claims; contract-based employment does not create inherent rights to permanent status.
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
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