Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, R.KALAIMATHI
Principal Secretary to Government, Public Works Department – Appellant
Versus
T.Bharathkumar – Respondent
| Table of Content |
|---|
| 1. the state's appeal challenges the single judge's order on employment regularization. (Para 1 , 2) |
| 2. legal precedents clarify the limitations on regularization claims for part-time and casual roles. (Para 3 , 9 , 11) |
| 3. the respondent's claim for regularization is based on service length but disputed by the government on procedural grounds. (Para 4 , 6 , 7) |
| 4. part-time workers' employment does not equate to rights for permanent status under government regulations. (Para 5 , 8 , 10) |
JUDGMENT :
The State is on appeal challenging the order dated 25.10.2021 passed by the learned Single Judge allowing W.P.(MD)No.1417 of 2017 filed by the respondent herein.
“5.By the impugned order passed by the first respondent, it is stated that the representation of the petitioner for regularization cannot be considered in the case of the petitioner, as he has not been recruited through Employment Exchange and that the petitioner had not completed ten years of service before 01.01.2006. The impugned order is, therefore, based on the assumption that an employee is entitled to regularization only if he completes ten years of service before the issuance of G.O.(Ms).No.22, Personnel and Admi
Regularization of employment should adhere to specific government policies, with part-time employees not entitled to claim rights reserved for full-time roles.
Part-time employees cannot claim regularization or equal pay unless appointed against sanctioned posts, as per established legal precedents.
Part-time employees cannot be regularised without a sanctioned post and proper recruitment process, as established by Supreme Court precedents.
Regularization of illegal appointments and entitlement to monetary benefits must be determined in accordance with the statutory provisions, relevant case laws, and government orders. Part-time employ....
Part-time employees cannot claim regularization or parity in salary with regular employees without a sanctioned post, regardless of the length of service.
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
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
