Back
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 :
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:
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 years thereafter could not have canvassed their grievance in the O.As, when section 21 of the Administrative Tribunals Act, 1985 prescribes a period of limitation of one year, little relaxable as well; the regularization of irregular service does not always enure to the benefit of the employees except for certain limited purpose such as determining the terminal benefits; even the ratio in State of Karnataka v. Umadevi , AIR 2006 SC 1806 comes to the aid of Petitioners. So arguing, he seeks for allowing the petitions by setting aside i
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....
Completion of ten years of service gives a right to regularization, which cannot be negated by subsequent policy changes unless misconduct is proven.
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
