RAJESH SHANKAR
Murli Chandra Kar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
RAJESH SHANKAR, J.
The present writ petition has been filed for quashing the order as contained in Ref. No. 9/RCH-631/2017-233(HSN) dated 06.12.2018 (Annexure-7 to the writ petition) issued under the signature of the respondent No.2 whereby the petitioners’ claim for regularization, pursuant to the order dated 28.08.2018 passed in W.P.(S) No. 5741 of 2017 has been rejected. Further prayer has been made for issuance of direction upon the respondents to regularize the services of the petitioners against the vacant sanctioned posts on which they have been working as contractual drivers under the respondents in terms with letter No. 148 (RCH) dated 01.07.2005 issued under the signature of the respondent No.7.
2. Learned counsel for the petitioners submits that the petitioners were appointed on the post of driver on contractual basis vide letter No. 148 (RCH) dated 01.07.2005 issued under the signature of the respondent No.7 on recommendation made by the Appointment Committee duly constituted in the light of the direction issued by the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand vide letter No. 19 dated 02.02.2005 and
Narendra Kumar Tiwari & Ors. Vs. The State of Jharkhand & Ors. reported in (2018) 8 SCC 238
State of Karnataka v. M.L. Kesari
State of Karnataka Vs. Umadevi (3) reported in (2006) 4 SCC 1
State of Uttar Pradesh & Another vs. Anand Kumar Yadav & Ors. [(2018) 13 SCC 560]
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
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 ....
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 main legal point established in the judgment is that contract employees, who have worked for a significant period and possess the necessary qualifications, are entitled to seek regularization of ....
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