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S. TALAPATRA
Rekha Harijan – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for regularization after 10 years (Para 2) |
| 2. arguments regarding regularization and back wages (Para 3 , 5 , 6 , 7) |
| 3. affirmation of previous court judgments on similar cases (Para 4) |
| 4. conclusion that the petitioner is entitled to regularization (Para 8) |
JUDGMENT
Heard Mr. R. Datta, learned counsel appearing for the petitioner as well as Mr. P. K. Dhar, learned Sr. G.A. assisted by Mr. A. De, learned counsel appearing for the respondents.
[2] By means of this petition filed under Article 226 of the Constitution of India, the petitioner has urged this court for directing the respondents to regularize her service in the post under Group-D category for completion of ten years service, with all service benefits including the back wages and seniority with effect from 01.07.2009. The petitioner has asserted that the petitioner belongs to the Scheduled Cast (SC) Community and she was engaged as the Contract Based Worker (CBW) with effect from June, 1999. In this regard, an informative table formed by the respondents [Annexure-4 to the writ petition] has been relied by the petitioner. From the said table, it can be derived that the petitioner was engaged
Right to regularization of service as a Group-D employee affirmed for long-term workers, while denying full back wages due to laches.
The court emphasized the need for equal treatment of contingent workers under a regularization scheme and directed timely compliance for the petitioner's rightful promotion.
The court established that the arbitrary denial of regularization of services for Daily Rated Workers after ten years of service violates principles of equality and non-discrimination in employment.
Petitioner's eligibility for regularization is affirmed based on service duration and prior government schemes, reinforcing principles of equity and fair treatment in employment.
Welfare policies for employee regularization must be applied fairly to long-serving workers, emphasizing equitable treatment irrespective of technical cutoff dates.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
The continuation of service and accrued rights entitles a Daily Rated Worker to regularization, notwithstanding policy repeal.
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....
Regularization of casual workers after 10 years of service is mandated under government schemes, emphasizing equality and non-discrimination irrespective of engagement dates.
The court upheld a contingent worker's right to regularization as per the government scheme, ensuring equal treatment and addressing grievances over unequal benefits.
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