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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Sangeeta Toppo – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petitioner's continuous employment since 2004. (Para 2 , 3) |
| 2. respondents argue against regularization based on outsourcing. (Para 4) |
| 3. department sanctioned posts but did not fill them. (Para 5 , 6) |
| 4. arbitrary reasoning in rejection of regularization. (Para 7 , 8) |
| 5. outsourcing cannot deny rights of permanent employment. (Para 9 , 10) |
| 6. long-term engagements must consider equality and rights. (Para 11 , 12) |
| 7. failure to address substantial claims violates judicial review. (Para 13) |
| 8. court quashes respondents' decision and orders regularization. (Para 14 , 15) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for quashing of the Letter No. 238 dated 30.01.2019, issued under the signature of the Joint Secretary, Transport Department, Government of Jharkhand (Annexure-4), whereby the respondents have rejected the petitioner's claim for regularization of service.
The petitioner has further prayed for a consequential direction upon the respondents to reconsider and decide her claim for regularization in a fair, lawful, and non- arbitrary manner, in accordance with c
Prolonged engagement of an employee establishes entitlement to regularization, and reliance on outsourcing to deny regularization is unconstitutional and arbitrary.
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.
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....
Long-term, continuous service in sanctioned posts must be considered for regularisation as per judicial precedents, regardless of procedural irregularities.
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....
Court established that employees working for over ten years on sanctioned posts are entitled to regularization under established rules, reinforcing protections against arbitrary dismissal.
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