Back
S. N. PATHAK
Vinod Kumar Pandey – Appellant
Versus
State of Jharkhand through its Secretary / Principal Secretary, Department of Forest, Environment and Climate Change, Ranchi – Respondent
JUDGMENT :
S.N. Pathak, J.
Heard the learned counsel for the parties.
2. Since common impugned order dated 9.5.2016 is under challenge in all these writ petitions, they are heard together and are being disposed of by this judgment.
Prayers
3. The petitioners have challenged the decision dated 9.5.2016, circulated by Memo No. 2306 dated 16.5.2016 (Annexure-17). Further prayer has been made to allow the petitioners to continue in service as they have worked for almost 25 years. It is also prayed that in view of observations by the Hon’ble Apex Court in the case of State of Karnataka Vs. Uma Devi, reported in (2006) 4 SCC 1, the respondents be directed to reinstate the petitioners in service. A formal prayer for appropriate relief in the facts of the case has also been prayed for.
Factual matrix
4. The facts of all these writ petitions are same and similar, save and except the formal dates of joining of petitioners and numbers of writ petitions, which were filed in the light of order dated 27.1.2014 in W.P.(C) No. 700 of 2013. As such, the facts of only lead case are dealt with.
5. The facts pleaded in the lead case, being W.P.(S) No. 4561 of 2016 are that these petitioners were working as Da
The main legal point established in the judgment is that the impugned order rejecting the claim of regularization was not sustainable in the eyes of the law, and the respondents were directed to cons....
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....
The main legal point established in the judgment is the entitlement of employees to regularization after completing ten years of service on sanctioned and vacant posts, as supported by constitutional....
Irregular appointments made by competent authorities can be regularized if employees have served for over ten years, emphasizing the need for pragmatic interpretation of rules.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
The main legal point established in the judgment is that the Petitioners' service should have been regularized as they were engaged against sanctioned posts by following due process of selection and ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
