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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SHREE CHANDRASHEKHAR, SANDEEP SHAH
Dalam Chand, son of Shri Arjun Lal – Appellant
Versus
State of Rajasthan, through the Secretary, Medical and Health Department – Respondent
| Table of Content |
|---|
| 1. entitlement of contract employees to benefits. (Para 1 , 2 , 3) |
| 2. court's observations on employer obligations. (Para 4 , 10 , 11) |
| 3. arguments regarding application of pay scales. (Para 5 , 6 , 7) |
| 4. entitlement to regular pay scales based on service. (Para 8 , 12 , 16) |
| 5. conclusion directing entitlement to benefits. (Para 13 , 17) |
Judgment :
S. Chandrashekhar, J :
1. In this writ petition, thirteen retrenched employees of the Rajasthan Small Industries Corporation who were appointed in the Government Department on contract basis are seeking the benefits of revised pay scales under the Rajasthan Civil Services (Revised Pay Scales) Rules, 1998 and other service-linked benefits. For claiming such benefits, they have challenged the conditions under clause 7 and clause 10 under the Circular dated 24th December 1994 on the ground that such conditions are in breach of Article 14 of the Constitution of India. The petitioners have prayed that :-
“i by an appropriate writ, order or direction, the respondents may be directed to pay increments to the petitioners from the date of their appointment with all consequential benefits.
ii by an appropriate writ, order or direction, the
Employees engaged under contract terms, performing duties similar to regular government employees, are entitled to benefits under the same pay scales as regular employees, reinforcing the principle o....
Long-serving employees in essential roles cannot be denied regularization and benefits due to initial irregularities in appointment, as per Articles 14 and 16 of the Constitution.
Employees who have served continuously and satisfactorily in essential government roles have a right to regularization, regardless of the temporary labels on their employment.
The court established that employees with irregular but not illegal appointments, who have served continuously for over ten years, are entitled to regularization and associated benefits, emphasizing ....
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