AI Overview...
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Permanent Status of Employees - Employees can attain permanent status through various routes such as promotion, regularization after workcharge or temporary service, or by fulfilling specific criteria outlined in rules and orders. For instance, employees promoted through official channels or regularized after completing specified service periods are recognized as permanent Abdul Rahim Khan VS M. P. State Road Transport Corporation - Madhya Pradesh, Ramjilal VS State Of Bihar - Patna, Kamla Kant Pathak VS State Of Bihar - Patna.
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Legal and Administrative Framework - The nature of powers under Articles 226 and 227 differ; writs are issued under Article 226, while supervisory powers are exercised under Article 227. The granting of permanent status often involves administrative orders and adherence to rules such as the Rajasthan Work-Charge Employees Service Rules, 1964, and specific government directives Abdul Rahim Khan VS M. P. State Road Transport Corporation - Madhya Pradesh, Narendra Kumar Chandwar VS State of Rajasthan (6) - Rajasthan.
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Regularization and Promotion - Regularization of workcharge or temporary employees as permanent employees depends on fulfilling specific conditions, including completing qualifying service periods and official orders. Mistaken entries in pay bills or clerical errors do not automatically confer permanent status Ramjilal VS State Of Bihar - Patna, Jeth Mal VS State of Rajasthan - Rajasthan.
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Limitations and Conditions - Temporary or officiating employees are not automatically entitled to permanent status unless explicitly granted through formal orders. Conversion from temporary to permanent status is generally not permitted solely based on service continuity or clerical mistakes Jeth Mal VS State of Rajasthan - Rajasthan, M. P. S. R. T. C. VS Narain Singh Rathore - Madhya Pradesh.
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Entitlements and Benefits - Once permanent, employees are entitled to all benefits attached to their posts, including pay scales, allowances, and other service benefits, provided they meet the criteria for permanent employment as per rules Biswajit Bose VS STATE OF WEST BENGAL - Calcutta.
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Disputes and Rights - Employees have the right to challenge derecognition or denial of regularization, emphasizing the importance of fair opportunity and adherence to procedural rules in granting or denying permanent status HAMIDULLAH BHAT AND ORS. vs STATE OF J AND K AND ORS - Jammu and Kashmir.
Analysis and Conclusion:
The grant of permanent status is primarily governed by official orders, service rules, and administrative decisions. While promotion and regularization after completing requisite service periods are common pathways, clerical mistakes or temporary arrangements without formal approval do not confer permanent status. Employees entitled to permanent status gain associated benefits and protections, but such status must be explicitly granted through proper channels. Disputes often arise over whether temporary or officiating employees qualify for permanence, underscoring the need for clear administrative procedures and adherence to rules.
Search Results for "Supervisor Permanent Status"
1998 0 Supreme(MP) 461 • India - Madhya Pradesh
A.K.MATHUR
: ... (15) Civil Servant -- claim of status, etc. of employees -- as ... Art. 226 and 227 -- nature of powers under Art. 226 and Art. 227 is different -- writs are issued under Art. 226 while powers of supervisory ... permanent status. ... Thereafter, they were further promoted to the post of Ticket Examiner and then to the post of Traffic Supervisor Grade II and finally to the post of Traffic Supervisor Grade I, they claimed grant of permanent status#HL_EN....
2007 0 Supreme(Pat) 321 • India - Patna
BARIN GHOSH
Establishment of the State as an Electrical Supervisor-Petitioner was found fit for discharging the duties of Electrical Supervisor ... from 10th October 1981 and with effect from this date he was treated as a permanent employee of the State obliged to discharge the ... was no rules pertaining to giving of promotion in the Workcharge Establishment-On 1st January 1988 petitioner was brought to the permanent ... When, however, such a Workcharge employee has become part of the regular establishment, i.e., when the #HL_START....
2000 0 Supreme(Pat) 333 • India - Patna
R.N.SAHAY
It appears that pursuant to the decision of the State Government contained in letter bearing No. 1661 dated 20.8.1981 all the work charge employees of Koshi Project including the petitioner who had completed five years of service on 1.4.1977 were made regular and given the status of permanent employees ... Ultimately, he succeeded in getting the order from the Superintending Engineer, Mechanical Circle, Birpur for fixation of his pay in the approved scale of Supervisor Grade I with effect from 1.9.1967 and the petitioner be made #HL_START....
2001 0 Supreme(MP) 565 • India - Madhya Pradesh
S.N.VARIAVA, S.RAJENDRA BABU
... If the permanent status is granted to officiating employees without ... of permanent employee. ... of a permanent employee. ... When the employee acquires the status of a permanent employee, so far as he is concerned, clause 2 of Annexure to the Rules would have worked itself out. There is no question of such permanent employee acquiring permanent status again under clause 2. ... He may become permanent employe....
2025 Supreme(Online)(J&K) 807 • India - High Court of Jammu and Kashmir
RAHUL BHARTI, J
th January 2012 and the petitioners were held entitled to be afforded with an opportunity of putting forth their stand against the proposed action of derecognising of their regularization in the service on the basis of their consolidated worker/daily-rated worker status
1992 0 Supreme(Raj) 25 • India - Rajasthan
M.B.SHARMA
salary in the pay scale — Not entitled to semi-permanent or permanent status in higher scale. ... or permanent status — This will depend on his completion of required period — If work of higher post is taken — Entitled for minimum ... Rajasthan Work-Charge Employees Service Rules, 1964 — If one is appointed on a post, he is entitled for conferment of semi-permanent ... permanent status under the rules on the post of Balder or Store-munshi. ... #HL_ST....
1993 0 Supreme(Cal) 145 • India - Calcutta
G.R.Bhattacharjee
in regular employment under respondent no. 2 and are entitled to all consequential benefits of service attached to the post of Supervisor ... in regular employment under respondent no. 2 and are entitled to all consequential benefits of service attached to the post of Supervisor ... basis in technical or if necessary. even in non-technical posts with regular scale of pay, maintaining parity with their status ... posts and posts were not created on permanent basis nor any permission was given by the Registrar of Co-operat....
1964 0 Supreme(Raj) 15 • India - Rajasthan
DAVE, TYAGI
If, in a pay bill of a temporary employee, he is shown by mistake as a permanent employee, that would not by itself give him a status of a permanent employee. ... The services of the petitioner were never made permanent by an appropriate authority and, if by oversight or some clerical mistake, he was shown as permanent in any paper, that did not give him status of permanent employee. ... The heading of Column No. 4 was "permanent and temporary". In t....
1990 0 Supreme(Del) 164 • India - Delhi
D.K.CHAKRAVORTY, P.K.KARTHA
Building, State Entry Road, New Delhi, was sanctioned a permanent post of Waterman to serve drinking water to the staff employed under its control. ... Railway, under Chief Reservation Supervisor, Running Train Reservation, IRCA. New Delhi. By letter dated 24-4-1985, Running Train Reservation Control (Central Railway) having their officer in I. R. C. A. ... She has also claimed arrears of pay and allowances for the period from 5-5-86, when she was granted temporary status by order dated 17-8-1988. ... At one place in the counter-affidavit....
1994 0 Supreme(MP) 666 • India - Madhya Pradesh
T.S.DOABIA, U.L.BHAT, A.S.TRIPATHI
It is not in the scheme of clause (2) of the Annexure to the Rules to convert such temporary arrangement into a permanent one. ... temporarily must get the emoluments attached to the higher post; it is quite a different thing to say that he must be regarded as a permanent ... but also denying to him the status of a Supervisor. ... When the employee acquires the status of a permanent employee, so far as he is concerned, Clause (2) of Annexure to the rules would have worked itself out. T....
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