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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, G.M.MOHIUDDIN
Director General, Doordarshan – Appellant
Versus
Central Administrative Tribunal – Respondent
| Table of Content |
|---|
| 1. background on the regularization scheme and events leading to the case. (Para 3 , 4 , 5 , 6) |
| 2. petitioners' arguments against retrospective regularisation. (Para 9 , 10) |
| 3. court's consideration of the tribunal's assumptions on vacancy rights. (Para 11 , 12) |
| 4. legal principles governing regularisation in absence of vacancies. (Para 13 , 14 , 15) |
| 5. effect of the 2nd respondent's undertaking on retrospective claims. (Para 16 , 17 , 18 , 19 , 20) |
| 6. review of the applicability of referenced judgments to the case. (Para 21 , 22 , 23 , 24) |
| 7. conclusion on the legal unsustainable nature of the tribunal's order. (Para 25 , 26) |
ORDER :
This Writ Petition assails the order dated 13.12.2024 passed by the Central Administrative Tribunal (CAT) in O.A.No.265 of 2016, whereby the Tribunal allowed the said application and directed the petitioners to regularise the services of the second respondent with effect from 16.12.2003, together with all consequential and attendant benefits, including pay fixation under successive Pay Commissions, grant of Modified Assured Career Progression (MACP) benefits, payment of interest at the rate of 9% per annum in the event of delay, and costs quan
Regularization of service requires sanctioned vacancies, and proposals do not confer enforceable rights. Voluntary waivers significantly impact employee claims and equitable principles cannot overrid....
Regularization of illegal appointments and entitlement to monetary benefits must be determined in accordance with the statutory provisions, relevant case laws, and government orders. Part-time employ....
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....
The main legal point established in the judgment is the entitlement of employees to regularization after completing ten years of service on sanctioned and vacant posts, as supported by constitutional....
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Long continuous service as casual worker with temporary status on perennial duties entitles regularization despite record gaps and scheme criteria, per recent Supreme Court rulings distinguishing irr....
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