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FARJAND ALI
Vijay Kumar Joshi, S/o. Shri Shiv Narayan Joshi – Appellant
Versus
State of Rajasthan, through the Principal Secretary, Department of Ayurved, Ajmer – Respondent
ORDER :
Farjand Ali, J.
1. The petitioners, who are working as Ayurved Chikitsak in the Department of Ayurved, Government of Rajasthan, or have retired from the said post during the pendency of the writ petition, have preferred this writ petition under Article 226 of the Constitution of India jointly as a common grievance has been raised herein. The petitioners have made the following prayers in the writ petition :-
(ii) by appropriate writ, order or direction, the respondents may be directed to count services rendered by the petitioners from the date of initial selection (on contractual basis) towards probation with all consequential benefits including fixation of pay, confirmation, assured career progression etc.;
(iii) by appropriate writ, order or direction, in the alternative the respondents may be directed to count services of the petitioner on substantive basis from the date of their selection and regular appointment made i
Prior contractual service of employees must be counted for pension and leave entitlements, and imposing a new probation period after long service is unjust.
Statutory regularisation requires that service benefits, including pension and ACP, must be calculated from the date of initial appointment, reinforcing equality rights and preventing discrimination.
Equals are required to be treated equally, and dissimilar treatment cannot be accorded to the same class of people.
The court ruled that contract employees with over ten years of service against sanctioned posts are entitled to regularization, emphasizing the need for fair recruitment processes and age relaxation ....
The judgment establishes that long-term contractual employees may be entitled to regularization if their appointments were made through a proper selection process, ensuring compliance with constituti....
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