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IN THE HIGH COURT OF ORISSA AT CUTTACK
D.DASH, V.NARASINGH
Ashok Kumar Pradhan – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. challenge to regularization post completion of five years (Para 1 , 2 , 10 , 12 , 19) |
| 2. court's observations on employment categorization (Para 3 , 6 , 11 , 15 , 20) |
| 3. rejection of claims based on contractual appointments (Para 22 , 23 , 24 , 25) |
| 4. denial of antedating regularization as per regulation (Para 30 , 31 , 32) |
| 5. writ petition dismissed for lack of merit (Para 33 , 34) |
JUDGMENT :
1. In this writ petition under Article 226 and 227 of the Constitution of India, the petitioners assail the order dated 13.05.2020 at Annexure-4 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack (herein after referred to as “CAT”) whereby Original Application bearing Number O.A. No. 260/00510/2019 filed by the petitioners, application has been dismissed, rejecting the petitioners‟ prayer for regularization of their services from the date of completion of five years of continuous service under the Opp. Party No. 2 establishment (NHAI).
“i) Admit the writ application.
iii) Issue Rule Nisi calling upon the opposite parties to show cause as to why the impugned order dated 13.05.2020 passed by the learned Tribunal in O.A. No. 260/510 of 2019 under Annexure-4 shall no
Regularization of service must follow the specific terms of appointment and relevant regulations, which stipulate that regularization is prospective, creating distinctions between contractual and reg....
Discriminatory treatment in employment violates Articles 14 and 16 of the Constitution, necessitating equal consideration for regularization and pension benefits for similarly situated employees.
The court ruled that contract employees with over ten years of service against sanctioned posts are entitled to regularization, emphasizing the need for fair recruitment processes and age relaxation ....
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 emphasized that long uninterrupted service in governmental roles, despite initial irregular appointments, warrants consideration for regularization in accordance with established legal prec....
Point of law: Service Law - Contractual employment - Regularization of Service - Having applied for appointment to various posts pursuant to a notification of 2019 and being unsuccessful (except one ....
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