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SANJEEV KUMAR, RAHUL BHARTI
Ajit Singh S/o S. Joginder Singh – Appellant
Versus
University of Jammu, through its Registrar – Respondent
JUDGMENT :
SANJEEV KUMAR, J.
1. This intra court appeal by the appellants is directed against the judgment dated 31.05.2018 passed by the learned Single Judge of this Court [“the writ-court”] in SWP No. 130/2017, whereby the writ petition filed by the appellants herein has been partly allowed whereby the order of regularization of the appellants has been set-aside and they have been held eligible for regularization upon completion of seven years of continuous service w.e.f. 01.09.2013, 01.03.2013 and 26.04.2013 respectively. Writ court has, thus, directed the respondent-University to re-visit the order of regularization of the appellants and pass speaking order in the light of the observations made in the judgment.
2. Before we advert to the grounds of challenge urged by Mr. Abhinav Sharma, learned senior counsel appearing for the appellants, it is necessary to set out few facts germane to the disposal of this appeal.
3. The appellants came to be engaged as Junior Assistants on a consolidated salary w.e.f. 11.06.2002, 16.07.2002 and 20.07.2002 respectively. They continued in temporary service of the University for some time, but remained out of action for almost one and a half year til
The main legal point established in the judgment is the interpretation of continuous service for the purpose of regularization and the condonation of breaks in service, influencing the decision on th....
Since the similarly situated persons have already been extended the benefit of regularization, the University should have taken up the cases of the respondents petitioners on its own and as a model e....
The main legal point established in the judgment is the principle of treating similarly situated persons alike and the obligation of the employer to extend benefits to all eligible employees.
Regularization – While directing for regularisation in service Court must strike a balance between all parties.
Prolonged service in essential roles transforms temporary positions into regular ones, necessitating regularization, despite initial stipulations against it.
Long-term temporary employees, transferred to a new university, have a valid claim for regularization due to lack of illegal engagement and existing vacancies.
Court balanced interests by allowing recruitment process but reserving eight posts unfilled pending committee's decision on contractual employees' regularization claims, preventing complications.
Long-term service of daily-wage employees justifies regularization without state approval, and previous benefits under welfare legislation do not prevent such regularization.
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....
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