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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, CHITTARANJAN DASH
Union of India – Appellant
Versus
Tapan Kumar Pal – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal orders. (Para 1) |
| 2. arguments on regularization and discrimination. (Para 2 , 3) |
| 3. court analysis of regularization jurisprudence. (Para 4) |
JUDGMENT :
KRISHNA S. DIXIT, J.
1. All these petitions by the Union Government & its official seek to lay a challenge to the orders of the Central Administrative Tribunal, Cuttack Bench, Cuttack whereby the subject O.A. Nos.158, 350, 328 & 295 of 2019 having been favoured, an order of the following kind has been passed:
“In view of the discussion above, the order dated 29.09.2017 (A/15) is quashed since it is illegal and arbitrary. Consequently the respondents are directed to extend similar benefits as granted to other similarly situated employees and regularize the service of the applicant from his initial date of joining and grant him all consequential benefits for the purpose of ACP, MACP and pensionary benefits. The entire exercise shall be carried out within a period of 90 days from date of receipt of copy of this order.”
2. Learned DSGI Mr. Parhi assisted by Sr. Panel Counsel & CGCs submits that the regularization having been done in the year 1985 subject to certain terms & conditions, the employees year
The court upheld the Central Administrative Tribunal's authority to regularize employment benefits from the initial date of joining, emphasizing the evolving jurisprudence surrounding public employme....
Long-term, continuous service in sanctioned posts must be considered for regularisation as per judicial precedents, regardless of procedural irregularities.
Employees with over ten years of irregular service are entitled to regularization as per established legal precedents to prevent perpetuation of illegal employment.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Pre-regularization service - claim of the employee should have been considered immediately if not through pre-regularization services and get counted for the purpose of terminal benefits
The court emphasized that procedural fairness and equality must prevail in administrative decisions, particularly regarding labor regularization, highlighting that technical grounds cannot overshadow....
The court affirmed that irregular appointments can be considered for regularization based on length of service, regardless of procedural delays, emphasizing fairness and equitable treatment in public....
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