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MANINDRA MOHAN SHRIVASTAVA, VINOD KUMAR BHARWANI
State of Rajasthan – Appellant
Versus
Anil Kumar – Respondent
JUDGMENT
1. Heard.
2. This appeal is directed against order dated 21.10.2019 passed by the learned Single Judge, whereby, writ petition filed by Respondent No. 1, a part time Safaikarmi has been allowed with a direction to regularise his services.
3. Learned Additional Advocate General appearing on behalf of the appellants would argue that the direction for regularisation in service, without there being any post and without there being any process of selection in accordance with the recruitment rules through an open competitive examination and any procedure known to Articles 14 and 16 of the Constitution of India, is not permissible. He would further submit that Respondent No.1 is a part time employee, therefore, in any case, no direction for regularisation could be issued in respect of a part time employee.
4. As far as grant of minimum pay of the pay scale admissible to the post of Class IV Employee is concerned, learned Addition Advocate General would argue that minimum pay of the pay scale of Class IV Employee may not be allowed to Respondent No. 1 because he has been working as a part time employee, who cannot be granted minimum pay of the pay scale. He would submit that in any ca
Part-time employees cannot be regularised without a sanctioned post and proper recruitment process, as established by Supreme Court precedents.
Part-time employees cannot claim regularization or equal pay unless appointed against sanctioned posts, as per established legal precedents.
Part-time employees are not entitled to seek regularization or claim parity in salary with regular employees as they are not working against any sanctioned post.
Regularization of employment should adhere to specific government policies, with part-time employees not entitled to claim rights reserved for full-time roles.
Point of law: Doctrine of equal pay for equal work, as adumbrated under Article 39(d) of the Constitution of India read with Article 14 thereof, cannot be applied in a vacuum. The constitutional sche....
Part-time employees cannot claim regularization or parity in salary with regular employees without a sanctioned post, regardless of the length of service.
Regularisation of part-time employees requires compliance with Recruitment Rules and the existence of sanctioned posts. Part-time employees are not entitled to seek regularisation if they are not wor....
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