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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 :
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:
21. We feel that Interest of justice would be served if the order dated 4.8.1993 (Annexure-4) passed by Superintendent of Post Offices is quashed and set aside and respondents are directed to consider the case of applicant for grant of 'Temporary Status to applicant in terms of the observation in above para.
2. T
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.
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-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Long-term daily wage employees, after 10 years of service, are entitled to regularization as established by Supreme Court principles in employment law.
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
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