Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT
Pritiranjan Mahaling – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's request for regularization. (Para 1) |
| 2. petitioner's arguments on regularization legality. (Para 2) |
| 3. ops' objections against regularization. (Para 3) |
| 4. court’s analysis on legal entry and regularization. (Para 4) |
JUDGMENT :
Petitioner, who was appointed on ad hoc basis vide order dated 13.11.1991 at Annexure-1, is knocking at the doors of Writ Court essentially to have a direction for regularization of his services, which request has been turned down by the jurisdictional OPs.
3. The OPs have not filed any counter or objections to the petition and therefore, ordinarily the petition averments need to be taken with their face value, subject to exceptions, into which argued case of the Petitioner does not fit. Learned ASC appearing for the answering OPs resists the petition contending that the very entry of Petitioner was not legally permissible; the four conditions mentioned in the appointment order dated 13.11.1991 have not been complied with, though twice recruitment was undertaken; howsoever long a service may continue, the pollution at the entry level is not wiped out; even otherwise in the light of State of Karnataka v. Uma Devi , (2006) 4 SCC 1 , pe
The court held that longstanding irregularities in public service appointments may be remedied through regularization, affirming employees' legitimate expectations and emphasizing the principle of fa....
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
Irregular appointments may be regularized after prolonged continuous service, as technical grounds cannot undermine substantive employment rights.
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....
The court established that long-term service and existing vacancies can warrant regularization, even if initial appointments were irregular, provided the employees meet certain criteria.
An appointment made on the basis of administrative exigency and not vitiated by faults such as nepotism, bias, or malafides, could be regularized. Regularization cannot be a mode of recruitment, and ....
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
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
