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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Gendalal Sen – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. discriminatory treatment of similarly situated employees. (Para 2 , 3) |
| 2. defense asserting procedural grounds against regularization. (Para 4) |
| 3. service continuity and illegality of initial appointment. (Para 5) |
| 4. clarification of irregular vs. illegal appointments. (Para 6 , 7) |
| 5. misinterpretation of supreme court judgments in employment context. (Para 8 , 9) |
| 6. equity in treatment of employees in similar service. (Para 10 , 11) |
| 7. directive for regularization of long-serving employees. (Para 12 , 13) |
ORDER :
By way of present petition, the petitioner has sought following relief(s) :-
"(i) To allow the instant petition by issuing writ of ‘mandamus’ directing the respondents to regularize/abs orption the services of the petitioner from the date of regularization of services of the junior employee/similarly situated employees with all consequential benefits.
(ii) To call the entire record in respect of the petitioner proper adjudication of the case.
(iii) Any other relief or writ or direction or order which this Hon'ble Court may deem fit and proper looking the facts and circumstances of the case be awarded to the petitioners including the cost of the litigation."
2. The
Long-term service in irregular employment merits regularization despite procedural non-compliance, reaffirming equal treatment rights under Article 14 of the Constitution.
Long-term employees cannot be denied regularization solely due to the absence of formal appointment documents; equitable treatment under Article 14 mandates similar consideration for all similarly si....
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 long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
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....
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....
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