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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Ajay Yadav – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for service regularization. (Para 1 , 2) |
| 2. response from the respondent concerning vacancies and policies. (Para 3 , 4) |
| 3. court’s observations on service duration and regularization practices. (Para 5 , 6) |
| 4. clarification of 'irregular' vs 'illegal' appointments. (Para 7 , 8 , 9) |
| 5. importance of treating similarly situated employees equally. (Para 10 , 12) |
| 6. concluding directions for regularization of the petitioner. (Para 11 , 13 , 14) |
ORDER :
VIVEK JAIN, J.
By way of present petition, the petitioner has prayed the relief of regularization in service as he is working since the year 1986 in Municipal Corporation Jabalpur.
2. The claim of the petitioner is that as per the gradation list of daily rated employees in the Municipal Corporation, the name of the petitioner appears at serial No. 79 in the list Annexure P/1 and his initial appointment is shown to be of the year 1986. It is contended that the private respondents No. 4 to 7 are at lower rung then the petitioner in the said list Annexure P/1 but still these private respondents have been regularized prior to the petitioner by order Annexure P/4 issued on 04.08.2017. Therefore, it is contended t
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....
Long-term service in irregular employment merits regularization despite procedural non-compliance, reaffirming equal treatment rights under Article 14 of the Constitution.
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 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....
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 ....
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
Employers must ensure parity among similarly situated employees regarding regularization, irrespective of prior court appeals.
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