Back
M. S. RAMACHANDRA RAO, DEEPAK ROSHAN
Baleshwar Prasad Verma, Son of Sri Manik Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Deepak Roshan, J.)
Heard learned counsel for the parties.
2. The brief facts of the case as per the pleadings are that the petitioner was appointed on daily wager to the post of Data Entry-Cum-Computer Operator on 07.07.2006 in District Transport Office, Giridih, after his name was recommended by the District Information Centre, Giridih. Thereafter, vide various letters were sent by the Deputy Secretary, Transport Department, Government of Jharkhand to Deputy Transport Commissioner, District Transport Officer and to Transport Commissioner containing details of all computer operators (including that of petitioner) appointed in all District Transport Office.
Further, vide letter no. 1291 dated 28.09.2007 petitioner was sent for training and after that the petitioner was deputed in different departments where he did his duty to the satisfaction of the authorities. Thereafter, vide letter no. 340 dated 15.03.2007 as per the order of the Hon'ble Governor, Jharkhand, the under-secretary Government of Jharkhand has sent a letter to Accountant General, Jharkhand, for consent of sanction for various posts including Computer Operator in different offices including District Transpor
Ad-hoc employees cannot be replaced by other ad-hoc employees; termination without notice is illegal, and regularization must be considered for long-serving temporary workers.
Prolonged engagement of an employee establishes entitlement to regularization, and reliance on outsourcing to deny regularization is unconstitutional and arbitrary.
Court established that employees working for over ten years on sanctioned posts are entitled to regularization under established rules, reinforcing protections against arbitrary dismissal.
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....
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....
Employment and Service matter - Regularization of service - Absence of any strong justification assigned by respondents, for not regularizing service of petitioner, case of petitioner also needs cons....
Ad hoc canteen employees ineligible for regularization without meeting 1991 cut-off; long service via judicial orders does not confer rights.
The court emphasized the need for regularization of employees appointed irregularly but possessing the prescribed qualifications and working against sanctioned posts, in line with previous judgments.
The main legal point established in the judgment is that irregular appointments, if not illegal, may warrant consideration for regularization, especially when similar cases have been directed for reg....
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
