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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ajay Bhanot,J.
Ras Bihari Srivastava – Appellant
Versus
State Of U.P. – Respondent
1. Heard Sri Awadh Behari Singh, learned counsel for the petitioner, Sri M.J. Akhtar, learned counsel for the respondent no. 3 and learned Standing Counsel for the State respondents.
2. By the impugned order the claim of regularization of the petitioner as Class-IV employee has been declined solely on the footing that he does not possess the qualification of pump operator.
3. Petitioner was initially appointed as pump operator on 15.05.1995 in the respondent Nagar Palika Parishad, Kushinagar. The petitioner was appointed on Class-IV post, and has been discharging duties of different categories of Class-IV employees like Safai Nayak. The respondents in their counter affidavit as admitted to the fact that the petitioner is a Group-D employee engaged on contractual basis. According to the counter affidavit different kinds of duties were being discharged by the petitioner as per the work assigned to him by respondent no. 4. A Group-D employee has to perform different roles as per the direction of the employer.
4. Undisputedly the petitioner has been functioning continuously without interruption from the date of his appointment. He is a multi-purpose employee under the Group-D category.
5.
Continuous service and eligibility under regularization rules outweigh technical qualification denials in determining employee rights.
The court ruled that employees' classification should not deny them regularization rights when they have continuously served in essential roles, emphasizing the need for fair treatment in employment ....
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
The court reaffirmed that long-serving employees, despite irregular appointments, are entitled to regularization, emphasizing the importance of continuity of service without considering minor lapses ....
The court emphasized that long-serving employees misclassified as part-time should be considered for regularization under applicable government orders, ensuring adherence to principles of natural jus....
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
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