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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Shankar Lal Soni Son Of Shri Daan Mal Soni – Appellant
Versus
State Of Rajasthan Through Principal Secretary, Finance Department – Respondent
| Table of Content |
|---|
| 1. petitioner's request for regularization and pay fixation. (Para 1 , 2) |
| 2. arguments regarding regularization and parity with similarly situated employees. (Para 3 , 11) |
| 3. background on the petitioner's employment termination and reinstatement. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. court's observations on discrimination and arbitrary regularization date. (Para 12 , 13 , 14 , 15) |
| 5. court's direction for reconsideration of regularization date. (Para 16) |
| 6. final order allowing the writ petition. (Para 17) |
ORDER :
ASHOK KUMAR JAIN, J.
1. Instant writ petition has been preferred with following prayer:-
It is, therefore, prayed that this writ Petition may kindly be allowed and relevant record may kindly be called for and be perused, if this Hon'ble Tribunal so pleases and;
I) By way of issue an appropriate writ, order or direction, the order dated 19.11.2013 passed by the Respondent No.2, may kindly be held to be arbitrary and discriminatory and may kindly be directed to be modify to the extent of granting benefit of regularization to the petitioner on the post of LDC w.e.f. the date on which his Juniors/similarly situated persons have been regularized i.e. from 19.3.1993.
II) By wa
The court ruled that administrative decisions regarding employment regularization must avoid arbitrary discrimination and adhere to principles of equal treatment under the law.
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
The court established that eligibility for regularization and pensionary benefits must be determined based on the criteria set forth in applicable regulations, and that such benefits cannot be claime....
The court established that employees cannot claim regularization unless they are working against sanctioned posts, as per the Jharkhand Regularization Rules of 2015 and 2019.
The main legal point established in the judgment is the entitlement to regularization and equal pay for employees who have completed five years of continuous service, as per the Dhrubananda Mishra ju....
Discriminatory treatment in employment violates Articles 14 and 16 of the Constitution, necessitating equal consideration for regularization and pension benefits for similarly situated employees.
Long-serving daily wagers entitled to regularization despite irregular initial appointment, per latest Supreme Court precedents overriding Uma Devi restrictions.
The right to regularization and associated benefits survives posthumously, enabling legal heirs to pursue claims based on wrongful termination and continuity of service.
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