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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, CJ, SUBHASH UPADHYAY
Sakshi Tewari – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. petitioners' contractual service history and prior regularization attempts (Para 1) |
| 2. challenge to recruitment advertisement and amended regularization rules (Para 2) |
| 3. conflicting adoption status of 2013 regularization rules by universities (Para 3 , 4 , 5) |
| 4. committee formed to consider contractual employees' regularization (Para 6 , 7) |
| 5. interim restraint on filling posts pending regularization decision (Para 8 , 9 , 10 , 11) |
JUDGMENT :
MANOJ KUMAR GUPTA, CJ.
1. The petitioners are presently working as Assistant Professors in Soban Singh Jeena University (respondent no. 3 herein). Their initial appointment was on contractual basis, on a fixed salary, with respondent no. 2. The case of the petitioners is that, before they were appointed on contractual basis, they had passed the recruitment process. They claim to be working without any interruption, or breakage. Some of the contractual employees, who were senior to the petitioners, were regularized by the Executive Council of respondent no. 2 on 22.10.2018. The Regularization Rules, 2013 were duly adopted by respondent no. 2. However, before the case of the petitioners could be taken up for regularization, the Regu
Court balanced interests by allowing recruitment process but reserving eight posts unfilled pending committee's decision on contractual employees' regularization claims, preventing complications.
Since the similarly situated persons have already been extended the benefit of regularization, the University should have taken up the cases of the respondents petitioners on its own and as a model e....
Temporary employees appointed via constitutional procedures are entitled to regularization, highlighting the need for compliance with recruitment mandates to ensure fairness and uphold employee right....
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Point of law: Service Law - Contractual employment - Regularization of Service - Having applied for appointment to various posts pursuant to a notification of 2019 and being unsuccessful (except one ....
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