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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD
Union of India, through Secretary Department of Post, Dak Bhawan, New Delhi – Appellant
Versus
Ram Sewak Mahto, son of late Budhu Mahto – Respondent
| Table of Content |
|---|
| 1. writ petition challenges tribunal's order. (Para 1 , 2) |
| 2. applicant seeks regularization and status. (Para 3) |
| 3. tribunal's decision quashed prior rejection. (Para 4 , 5) |
| 4. petitioner's counsel argues against regularization. (Para 6 , 7 , 8) |
| 5. hearing on regularization issue only. (Para 10 , 11) |
| 6. regularization law and court's approach. (Para 15 , 18 , 20) |
| 7. legitimate expectation emphasized in regularization. (Para 19 , 21 , 22) |
| 8. regularization supported by service duration. (Para 25 , 26 , 27 , 29) |
| 9. writ petition dismissed, tribunal upheld. (Para 30 , 31) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. The present writ petition under Article 226 of the Constitution of India has been filed against the order dated 15.3.2024 passed by the Central Administrative Tribunal, Patna Bench, Circuit Bench, Ranchi in O.A./051/00624/2019, whereby and whereunder, the following orders have been passed:
“20. Considering the entirety of facts and legal aspects as discussed above, we are of considered view that applicant was liable to be considered for grant of Temporary Status and further for regularisation as Group 'D'. The order passed by Respondent No. 5 (Annexure 4) rejecting the case
Long-standing casual workers may be entitled to regularization under policies issued by the State if they meet duration and vacancy requirements, highlighting protection against arbitrary dismissals.
Long-serving casual labourers on perennial duties entitled to regularization despite irregular initial engagement, as Umadevi distinguishes irregular from illegal appointments and prohibits exploitat....
Long-term casual workers on perennial duties entitled to regularization with parity to similarly situated employees, overriding strict eligibility if equity demands.
Long continuous service as temporary mazdoor on perennial duties entitles regularization and pension despite initial irregular engagement.
The court mandated regularization for longtime temporary employees, emphasizing that states must adhere to constitutional employment principles regarding service continuity after a decade of service.
Long-serving casual employees (25+ years) in perennial roles entitled to regularization despite irregular initial engagement, with parity to similarly regularized peers; CAT has jurisdiction; violate....
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