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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJAY BHANOT
Ramashankar Sharma – Appellant
Versus
Writ (A) No. 14574 of 2021 – Respondent
JUDGMENT :
AJAY BHANOT, J.
1. Heard Shri Rampyare Lal Srivastava, learned counsel for the petitioner, learned Standing Counsel for the State-respondents No. 1 and 2 and Shri M. J. Akhtar, learned counsel for the respondents No. 3 and 4.
2. By the impugned order dated 16.08.2021 passed by the respondent No. 4 i.e. Executive Officer, Nagar Palika Parishad Zamania, District Ghazipur the claim of the petitioner for regularization has been declined on the footing that the petitioner is working as an outsourced employee and is not covered by the Uttar Pradesh Regularization of Persons Working on Daily Wages or on Work-Charge or on Contract in Government Departments on 'Group-C' and 'Group-D' Posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 2016 (hereinafter the 'Regularization Rules').
3. The petitioner was engaged as a daily wager in the respondent Nagar Palika Parishad as an Electrician w.e.f. 23.01.2001. The services of the petitioner have been uninterrupted and continuous since the date of his appointment.
4. The entitlement of regularization of the petitioner flows from Rule-6 of Regularization Rules is quoted herein under:-
"6. (1) Any person who:
(i) was
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-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
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....
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 ....
Regularization of employees engaged for over ten years without interim court orders is mandated; exploitative contractual practices are disallowed.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Regularization of employees must consider equitable treatment and the rights of long-serving individuals, given principles of fairness under the Constitution.
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
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