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PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
Mohd. Imran S/o Abdul Hakim – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Per Dr. Pushpendra Singh Bhati, J:
1. Since the instant writ petitions arise out of the order dated 12.03.2024 passed by the Central Administrative Tribunal (in short, ‘the Tribunal’), Jodhpur Bench, Jodhpur in Original Applications No.445/2016 & other connected matters, therefore, the writ petitions have been heard together and are being decided by this common judgment.
1.1. For the sake of brevity, the facts, as pleaded in one of the petitions, being D.B. Civil Writ Petition No. 5234/2024 and the prayer clauses thereof, are taken for the purpose of present analogous adjudication.
1.2 The prayer clauses reads as under:-
ii) By an appropriate writ, order or direction, the original application filed by the petitioners before the learned Central Administrative Tribunal, Jodhpur, may kindly be allowed and the respondents be directed to confer the regular pay scale i.e. 9300-34800 with the Grade Pay of Rs
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....
No automatic regularization for contractual employees without regular selection process, per Uma Devi principles.
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 ....
Regularization of service must follow the specific terms of appointment and relevant regulations, which stipulate that regularization is prospective, creating distinctions between contractual and reg....
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....
Contractual employees appointed by government, serving continuously over years on perennial work, entitled to regularization per policy despite salary from external funds or unilateral designation ch....
The court ruled that employees similarly situated should be treated alike, emphasizing the right to regularization from the date of initial appointment and consequential benefits.
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