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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Registrar, Nilambar Pitambar University – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Shree Chandrashekhar, J.
Seven persons claiming themselves engaged by the Ranchi University (now falling under Nilambar Pitambar University) came to the writ Court in W.P.(S) No.5282 of 2014 to challenge the order dated 19th June 2014 passed by the Registrar of the Nilambar Pitambar University.
2. By the aforesaid order, the writ petitioners were informed that the orders of regularization passed by the Ranchi University in the years 1994, 1995 and 1996 attained finality and after lapse of about 19 years they could not have been accorded similar benefits. This was also a ground indicated in the aforesaid order that the Syndicate’s decision dated 20th October 2003 in pursuance of which the notification of regularization dated 29th December 2003 was issued attained finality and, therefore, a modification in the notification dated 29th December 2003 is not permissible in the year 2011; after lapse of 8 years. The Registrar of the Nilambar Pitambar University who is the respondent no.5 informed the writ petitioners that they had accepted the notification dated 29th December 2003 without any protest and now after a lapse of 8 years the issue cannot be reopened.
3. In the order dated
Delay cannot be a sole ground for rejecting a writ application, especially in cases involving violations of fundamental rights under Articles 21 and 29 of the Constitution of India.
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....
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 cancellation of an employee's regularization based on arbitrary grounds violates principles of non-discrimination and due process, necessitating restoration of benefits to similarly situated indi....
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.
The court ruled that administrative decisions regarding employment regularization must avoid arbitrary discrimination and adhere to principles of equal treatment under the law.
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