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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SATYEN VAIDYA
Anuradha Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition for regularization of contract medical officer appointment. (Para 2 , 3 , 4 , 5) |
| 2. claims eligibility under policy; alleges discrimination. (Para 6 , 7 , 8) |
| 3. denial: nrhm consultant, non-state budget, irregular recruitment. (Para 9 , 10 , 11 , 12) |
| 4. appointment via govt ad and agreement is state contract. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 5. nrhm funding/posting doesn't convert to non-state employment. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. discrimination in regularization; long service on perennial work. (Para 26 , 27 , 28 , 29) |
| 7. sc prohibits perpetual ad-hocism; mandates regularization. (Para 30 , 31 , 32 , 33) |
| 8. quash rejection; direct regularization with benefits. (Para 34 , 35) |
JUDGMENT :
Satyen Vaidya, J.
The instant petition has been filed for the following substantive reliefs:
“i) That the impugned order dated 19.12.2017 (Annexure A-13) may be quashed and set aside and the respondents may be further directed to regularize the services of the applicant w.e.f. 01.04.2017 with all consequential benefits.”
2. The petitioner is seeking regularization of her services in terms of Government notification dated 04.05.2017, Annexure A-8, on completion of t
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 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 regularization of long-serving contractual employees is mandated when their roles are inherently permanent, ensuring compliance with employment laws and protections against exploitation.
Regularization of employees must consider equitable treatment and the rights of long-serving individuals, given principles of fairness under the Constitution.
The court ruled that employees engaged continuously for over ten years are entitled to regularization, regardless of irregular appointment status, reaffirming precedents from the Supreme Court highli....
Contractual skilled employees with over 18 years continuous service and regular pay scale entitled to regularization despite scheme funding, as state cannot exploit long-term labour under temporary l....
Long-term temporary employment in a sanctioned post qualifies employees for regularization when no lawful recruitment process is conducted, affirming their rights and job security.
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