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INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
State of Tripura – Appellant
Versus
Md. Roshan Ali – Respondent
| Table of Content |
|---|
| 1. factual context of employment and petitions. (Para 2 , 3 , 4) |
| 2. arguments against regularization based on contract terms. (Para 5 , 6 , 11) |
| 3. court's view on policy and regularization entitlements. (Para 9 , 10 , 15) |
| 4. regularization policy and circumstances considered. (Para 12 , 14) |
| 5. final decision and order for implementation. (Para 17) |
JUDGMENT
S.G. Chattopadhyay, J. - This writ appeal has been directed against the judgment and order dated 07.12.2021 passed by the learned Single Judge in WP(C) No. 61 of 2021 directing the State respondents to regularize the writ petitioner (respondent herein) in service with retrospective effect from 07.10.2009.
2. The factual context of the case is as under:-
The writ petitioner was engaged as a Group-D employee along with 02(two) others on contract basis for the residential Office of the Minister, Panchayats at a consolidated pay of Rs. 1500/- plus additional financial benefits by an order dated 07.10.1999 issued from the General Administration (SA) Department, Civil Secretariat, Government of Tripura (Annexure-1 to the Writ Petition). The said engagement letter was issued with the concurrence of the Finance Department. Subseq
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
Welfare policies for employee regularization must be applied fairly to long-serving workers, emphasizing equitable treatment irrespective of technical cutoff dates.
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....
Completion of ten years of service gives a right to regularization, which cannot be negated by subsequent policy changes unless misconduct is proven.
The court established that employees cannot claim regularization unless they are working against sanctioned posts, as per the Jharkhand Regularization Rules of 2015 and 2019.
The court affirmed that prior service as casual workers must be counted towards eligibility for regularization as Daily Rated Workers under government policies.
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