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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Abdul Moin,J.
Anand Kumar – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Urban Devlp. Lko. – Respondent
JUDGMENT :
Abdul Moin, J.
1. Heard Shri Ghaus Beg, learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 and 2, Shri Namit Sharma along with Shri Shailendra Singh Chauhan, learned counsels for the respondent nos. 3, 4 and 5.
2. Learned counsels appearing on behalf of the contesting parties contend that the issue involved in both the writ petitions is same. As such, the Court proceeds to hear and decide both the writ petitions together by a common order. For the sake of convenience, the facts of Writ - A No. - 23739 of 2021 are being taken into consideration.
3. This is a peculiar case and peculiarities are indicated in the body of the judgment.
4. Instant petition has been filed praying for following main reliefs :-
dated 26.8.2021 passed by the opposite party No.3 and, impugned letter/ order dated 28.7.2021 issued by the opposite party No.1, as contained in Annexure No.1 and 2 respectively to writ petition.ii. issue a writ, order or direction in the nature of certiorari quashing the oral termination order dated 1.9.2021 passed by the opposite party No
The court affirmed that employees continuing post-2016 have a right to regularization, and termination orders must be based on valid grounds.
The court established that daily-wage employees engaged before the cut-off date are entitled to regularization under the Rules of 2016, regardless of initial appointment irregularities.
The court established that employees cannot claim regularization unless they are working against sanctioned posts, as per the Jharkhand Regularization Rules of 2015 and 2019.
The main legal point established in the judgment is the entitlement of employees to regularization after completing ten years of service on sanctioned and vacant posts, as supported by constitutional....
Daily wage employees who meet the eligibility criteria under the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, 2001, are entitled to be considered for regularizat....
The High Court directed the regularization of long-serving employees based on the principles established in Umadevi's case, emphasizing the need for lawful government discretion in employment matters....
The court ruled that past services of an employee cannot be disregarded for regularization if they meet the criteria set by government circulars and Supreme Court directives.
The court does not have the power to direct regularization and/or absorption in service unless the recruitment itself was made regularly and in terms of the constitutional scheme. The petitioner fail....
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