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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKAS BUDHWAR, J
Anjani Kumar Singh – Appellant
Versus
State Of U.P. Thru Principal Secy. Forest U.P. – Respondent
| Table of Content |
|---|
| 1. introduction of parties and representation. (Para 1 , 2) |
| 2. details on the petitioner's service history and regularization. (Para 3 , 4) |
| 3. arguments against cancellation due to age. (Para 7 , 8) |
| 4. discussion on the principles of equity in service regularization. (Para 10 , 12) |
| 5. final decisions and restoration of rights. (Para 14 , 15) |
JUDGMENT :
1. Heard Sri Jay Prakash Gupta, learned counsel for the petitioner and Sri Rahul Malviya, learned Standing Counsel, who appears for State- respondents.
3. The case of the writ petitioner is that the writ petitioner being fully eligible and qualified in all respects, was appointed as a Forester/ Van Daroga, a Group 'C' post in the year 1991 in the Forest Department at Dehradun which is a part of State of Uttar Pradesh prior to U.P. Reorganization Act, 2000. It is also the case of the writ petitioner is that the writ petitioner's candidature is/ was considered for regularization in terms of the Subordinate Forest (Deputy Rangers and Foresters) Service Rule, 1951 read with the provisions contained under Uttar Pradesh Regularization of Daily Wages Appointment on Group 'C' Posts (Outside Purview of Uttar Pradesh Public Service Co
Regularization of employees with irregular appointments can be upheld when no fraud or misrepresentation exists.
The court determined that the continuity in services is vital for eligibility under regularization rules, rejecting any artificial breaks articulated by the State.
The right to regularization under the Rules of 2016 is based on continuous engagement prior to the cut-off date and possession of requisite qualifications, regardless of initial appointment validity.
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 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.
Welfare policies for employee regularization must be applied fairly to long-serving workers, emphasizing equitable treatment irrespective of technical cutoff dates.
The court established that the dependents of daily-wage employees, whose regularization process is underway at the time of their death, may still be entitled to compassionate appointment, emphasizing....
The cancellation of an employee's regularization based on arbitrary grounds violates principles of non-discrimination and due process, necessitating restoration of benefits to similarly situated indi....
The principle of 'equal pay for equal work' may not apply to temporary employees, and unexplained delay in approaching the court can impact the decision.
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