Back
ORISSA HIGH COURT
PRASANTA KUMAR DAS – Appellant
Versus
UNION OF INDIA – Respondent
Judgment :
Chittaranjan Dash, J.
1. By means of this writ application under Articles 226 and 227 of the Constitution of India, the Petitioners seek interference of this Court with the order dated 25.07.2024 passed by the learned Central Administrative Tribunal, Cuttack Bench in T.A. No.260/00021 of 2014, rejecting their prayer for regularisation of service.
2. The claim of the Petitioners in the Writ Petition is that they were initially appointed as Junior Accountants against sanctioned posts and have continued to work without any break since 1995, though they had initially joined on 01.09.1993 and worked till October, 1995 with only a one-day artificial break. Despite repeated representations made by the Petitioners to the competent authority, namely, the Deputy Director, Sports Authority of India (SAI), Water Sports Centre, National Centre of Excellence (NCOE), Cuttack, their cases were never considered for regularisation. In the meantime, the Petitioners have completed nearly twenty-nine years of service.
It is further pleaded that although the employer issued circulars for holding Limited Departmental Competitive Examinations, the Petitioners were not considered. Being aggrieved, t
Long-term, continuous service in sanctioned posts must be considered for regularisation as per judicial precedents, regardless of procedural irregularities.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Regularisation may be granted to long-serving employees in irregular appointments, affirming constitutional principles that prevent exploitation and ensure fairness in employment practices.
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
Long and uninterrupted service under judicial protection legitimizes claims for regularization in public employment, irrespective of initial engagement irregularities.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
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
