Back
HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI
Deepak Kumar – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. outsourced pharmacists seek regularization of services (Para 1 , 2 , 3 , 4 , 5) |
| 2. outsourced employees ineligible for regularization like direct casuals (Para 6 , 7 , 8 , 9) |
| 3. second writ challenges exam notification after failed interim (Para 10 , 11 , 12 , 13) |
| 4. non-disclosure of prior writ amounts to abuse (Para 14 , 15 , 16) |
| 5. no vested right to regularization absent statutory scheme (Para 17) |
| 6. writs dismissed; costs imposed for process abuse (Para 18 , 19 , 20) |
JUDGMENT :
MANOJ KUMAR TIWARI
Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity and convenience, facts of Writ Petition (S/S) No. 2159 of 2024 alone are being considered and discussed.
2. Writ Petition (S/S) No. 2159 of 2024 is filed by eleven persons, who were engaged on contract through outsourcing agency, to perform duties of Pharmacist in dispensaries run by Employees State Insurance Scheme (hereinafter referred to as ‘ESIS’), within State of Uttarakhand.
3. The reliefs sought in this writ petition are as follows:-
“A. To issue writ, order or direction thereby di
Outsourced contractual employees through agency lack master-servant relationship and vested right to regularization absent statute; regular vacancies must be filled via open recruitment without inter....
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 ....
Regularisation of contractual employees should be in accordance with the relevant rules and regulations, and regularisation is not a mode of recruitment.
The court ruled that contract employees with over ten years of service against sanctioned posts are entitled to regularization, emphasizing the need for fair recruitment processes and age relaxation ....
Continuous and necessary service by contractual employees requires consideration for regularization, transcending mere contractual limitations, provided sanctioned posts exist.
Contractual employees may not claim regularization based on prolonged service or failed applications for higher posts, as employment must adhere to constitutional recruitment mandates.
The main legal point established in the judgment is that the Petitioners' service should have been regularized as they were engaged against sanctioned posts by following due process of selection and ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
