AI Overview...
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Regularisation Entitlement - Employees appointed on ad hoc basis and subsequently regularised are generally entitled to all benefits of regularisation, including pension, seniority, and service benefits. Courts have consistently held that once employees are regularised, their ad hoc or contractual service should be counted for pensionary benefits and seniority, and they should not be discriminated against. Several judgments emphasize that regularisation confers full entitlement to benefits from the date of regularisation or from the date of appointment if regularised from that point. Zahoor Hussain & Ors. VS University of Kashmir & Ors. - Jammu and Kashmir, Yashwant Dev Bhardwaj, S/o Late Sh. Jamna Dass Bhardwaj VS Himachal Pradesh University, Summer Hill, Shimla - Himachal Pradesh, Ram Krishan Sharma VS Accountant General (A & E) HP - Himachal Pradesh, Harapriya Patra VS State of Odisha - Orissa, Sheela Devi VS State Of H P - Himachal Pradesh, ANIL KUMAR KAUSHIK VS NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY - Allahabad
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Counting of Ad Hoc/Contract Service - Courts have ruled that services rendered on ad hoc or contract basis, once regularised, should be counted for pension, seniority, and other service benefits. Denying such benefits post-regularisation is considered discriminatory. The courts have directed authorities to consider ad hoc or contractual service as qualifying service once regularisation occurs. Kamal Dev Sharma VS State of Himachal Pradesh - Himachal Pradesh, Yashwant Dev Bhardwaj, S/o Late Sh. Jamna Dass Bhardwaj VS Himachal Pradesh University, Summer Hill, Shimla - Himachal Pradesh, Sheela Devi VS State Of H P - Himachal Pradesh, Ram Krishan Sharma VS Accountant General (A & E) HP - Himachal Pradesh
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Discrimination and Legal Principles - Discrimination against employees who served on ad hoc or contract basis but were later regularised violates principles of equality. Courts have directed authorities to treat regularised employees equally and to grant benefits accordingly, emphasizing that regularisation should entail the full accrual of benefits from the date of regularisation or appointment. Ram Krishan Sharma VS Accountant General (A & E) HP - Himachal Pradesh, ANIL KUMAR KAUSHIK VS NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY - Allahabad
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Final Position - The overarching legal principle is that employees regularised from ad hoc or contractual appointments are entitled to all benefits of regularisation, including pension, seniority, and other service benefits. Services rendered prior to regularisation, if counted for pension and benefits, should not be excluded, and denying such is discriminatory. Courts have consistently mandated the extension of benefits from the date of regularisation or appointment, reinforcing the principle of equality and fair treatment. Zahoor Hussain & Ors. VS University of Kashmir & Ors. - Jammu and Kashmir, Yashwant Dev Bhardwaj, S/o Late Sh. Jamna Dass Bhardwaj VS Himachal Pradesh University, Summer Hill, Shimla - Himachal Pradesh, Harapriya Patra VS State of Odisha - Orissa, Sheela Devi VS State Of H P - Himachal Pradesh
Conclusion:
If a person is regularised from an ad hoc or contractual basis, they are entitled to all benefits associated with regularisation, including pension, seniority, and other service benefits. The courts have established that such regularisation confers full rights retroactively, and denying these benefits on the basis of initial ad hoc or contractual appointment is discriminatory.
Search Results for "If the Person is Regularised Form Adhoc Basis he is Entitled for all the Benefits of Regularisation"
2016 0 Supreme(J&K) 204 • India - Jammu and Kashmir
TASHI RABSTAN
Ratio Decidendi: The court held that the petitioners were entitled to be regularised against the posts of Junior Professional ... Final Decision: The court disposed of the writ petition and held that the petitioners were entitled to be regularised against ... Regularisation - Petitioners' claim for regularisation of their services against the posts of Junior Professional Assistants - ... Rehman Reshi) was performing duties of Works Supervisor but was regularised as ....
2020 0 Supreme(HP) 357 • India - Himachal Pradesh
SANDEEP SHARMA
The court also held that the employee is entitled to contribute towards GPF. ... The court quashed the order and held that the employee is entitled to contribute towards GPF. ... The court quashed the order and held that the employee is entitled to contribute towards GPF. ... Once the employees have been regularised and are held entitled to pension by counting adhoc service, exclusion of service "on contract basis" will be discriminatory. Appointment on contract #HL_S....
2016 0 Supreme(Manipur) 31 • India - Manipur
R.R.PRASAD, N.KOTISWAR SINGH
: The appellants were appointed as Workshop Attendants on ad hoc basis and sought to count this period for pensionary benefits ... Issues: The main issue was whether the appellants were entitled to count their ad hoc service as qualifying service for pensionary ... benefits under the Office Memorandum dated 5.7.2003. ... for the purpose of pension or other service benefits and also the circumstances in which one is not entitled to said benefit. ... who rendered serv....
2021 0 Supreme(HP) 851 • India - Himachal Pradesh
SANDEEP SHARMA
for purpose of seniority, pensionary benefits as well as other service benefits – Held, services rendered prior to regularisation ... in the capacity of contractual employees and were regularised only because they had put in the requisite number of years of service ... were not given benefit of service rendered by them on ad-hoc basis while counting seniority, they approached respondents but they ... Once the employees have been regularised and are held enti....
2020 0 Supreme(HP) 9 • India - Himachal Pradesh
SANDEEP SHARMA
- Discrimination - Regularization and Counting of Service - Final Decision: Petition allowed, notification quashed, petitioner entitled ... Fact of the Case: The petitioner, an Ayurveda Medical Officer, was appointed on an ad-hoc basis and subsequently regularized ... as qualifying service for pension, rejecting the argument that only regular employees appointed before 15.5.2003 are entitled to ... Once the employees have been regularised and are held entitled to pe....
2022 0 Supreme(Ori) 649 • India - Orissa
S. K. PANIGRAHI
Issues: The main issue was the regularization of the petitioner's service and the extension of benefits from the date of the ... Parties to regularize the services of the Petitioner from the date of Government resolution i.e. 28.02.2004 and extend the benefits ... Parties to regularize the services of the petitioner from the date of the Government resolution i.e. 28.02.2004 and extend the benefits ... servant from time to time as they are entitled to. ... Tribunal for regularisation o....
2020 0 Supreme(HP) 883 • India - Himachal Pradesh
SANDEEP SHARMA
The respondents refused to consider the contract services for pensionary benefits, leading to the petitioner filing a writ petition ... Services (Pension) Rules, 1972, and Rule 3.17 of the Punjab Civil Services Rules, and concludes that services rendered prior to regularization ... 1972, and Rule 3.17 of the Punjab Civil Services Rules, along with various judgments, to establish that services rendered prior to regularization ... Once the employees have been regularised and are held entitled to pension b....
2016 0 Supreme(Mad) 3455 • India - Madras
H.G.RAMESH, K.RAVICHANDRABAABU
Appeal disposed-off saying that service benefit should be granted based on appointment of sanctioned post or from earlier date. ... Rules, Rule 10(a)(i) – If post available on date of reappointment was sanctioned post then appellant has to be appointed on regular basis ... No. 259 dated 27.04.1989 and held that once the appointment is ratified, all the benefits will follow from the date of appointment and in this case, the petitioner is entitled for regularisation from the date of reappointment as noted....
2019 0 Supreme(HP) 1350 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN, CHANDER BHUSAN BAROWALIA
temporary capacity, which was later regularised. ... be counted for pensionary benefits under the Pension Rules. ... The court directed the payment of admissible benefits within three months from the date of the judgment. ... Once the employees have been regularised and are held entitled to pension by counting adhoc service, exclusion of service "on contract basis" will be discriminatory. Appointment on contract basis is a type of adhoc#HL_....
1997 0 Supreme(All) 1243 • India - Allahabad
S.P.SRIVASTAVA
REGULARISATION OF SERVICES - ADHOC APPOINTMENT - ABSORPTION AGAINST VACANT POST - INTERPRETATION OF SERVICE REGULATIONS - APPLICATION ... OF LEGAL PRINCIPLES - COURT'S DIRECTION FOR REGULARISATION. ... The court observed that the petitioner had been treated differently from other ad hoc appointees who were regularised, despite being ... ... ( 16 ) IT seems to me that for the entitlement of regularisation benefits, the cuantum of money paid as salary or wages or the manner of its payme....
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