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S. TALAPATRA
Chandan Das – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
S. Talapatra, J. - Heard Mr. B. Banerjee, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents.
2. By means of this petition, the petitioner has urged this court to regularize his service as Attendant or in the post of similar category following the policy as reflected in the memorandum dated 21.01.2009 [Annexure-2 to the writ petition] and the memorandum dated 04.09.2012 [Annexure-3 to the writ petition] from 12.12.2012, when the junior of the petitioner was so regularized within a stipulated time as may be prescribed by this court. The petitioner has been working as the Attendant Group-D with effect from 01.04.2006 till now. The petitioner is class-VIII passed and he is the sole bread earner of the family. In support of his contention, the petitioner has produced the certificate of the educational qualification along with the vouchers by which his wages are paid by the respondents [Annexure-4 collectively] [pages 25-388]. After such long service, the petitioner approached the respondents for regularization of his service in terms of the memorandum dated 21.01.2009 [Annexure-2 to the writ petition] and the m
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 main legal point established is that the petitioner's services should have been regularized from 1.1.1999 as per the regularization policy, and the plea of delay and laches was rejected due to th....
The court affirmed that prior service as casual workers must be counted towards eligibility for regularization as Daily Rated Workers under government policies.
Completion of ten years of service gives a right to regularization, which cannot be negated by subsequent policy changes unless misconduct is proven.
An employee's long and continuous service reinforces entitlement to regularization, regardless of initial temporary status, especially when compared to similarly situated colleagues.
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....
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