NDLI: Rajnish Kumar Mishra & Ors. Etc. Vs. State of Uttar Pradesh & Ors. Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law – Regularisation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Regularisation – On creation of the Ambedkar Nagar Judgeship, the appellants were appointed on ad-hoc basis – In 2001, advertisement issued for direct recruitment of Class-III employees – Appellants filed writ petitions – Order passed on 01.08.06 providing that appellants may also apply and their cases shall be considered along with other candidates – However, the said selection process was canceled and the appellants were continued on the ad-hoc basis as per interim order dtd. 01.08.06 – In the mean-time, the appellants represented to the District Judge, Ambedkar Nagar for regularisation – District Judge constituted Committee – It recommended regularization by report dtd.12.07.12 – District Judge regularised the services of the appellants – However, the successor in the office of the District Judge inter alia declared that the orders of regularization were non-est – Writ petitions dismissed by the Single Judge – Appellants’ services terminated – Appellants filed writ petition – Dismissed – Held: Report of the Committee is on the basis of the Circular dtd. 05.11.09 issued by the Registrar General of the High Court – Circular shows that all the District Judges were directed that in order to restore the procedure for appointment of Class III & Class IV employees, all such ad-hoc daily wage appointees appointed subsequent to 31.12.01 without following any procedure of law, must cease to work immediately – During the pendency of the petitions, the Rules with regard to regularization were amended which provided cut-off date of 31.12.01– Appellants were appointed prior to 31.12.01 – Change in position of law ought to have been taken into consideration by the High Court – Appellants continued in services from 01.08.06 on account of interim orders passed in writ petitions – As such, when the appellants’ case was considered for regularization by the Committee, the appellants had put in service almost for 12 years – Further, in view of the exception carved out in Umadevi case providing for one-time regularization of employees who completed 10 years or above; the parity of similarly circumstanced employees who were granted benefit in the Sheo Narain Nagar case and the Rules amended in 2016 which provide cut-off date of 31.12.01, the appellants are also entitled for regularization – Appellants be reinstated with continuity in service for all the purposes including terminal benefits, however, not entitled to back wages for the period they are out of employment –Uttar Pradesh Regularization of Daily Wages Appointments on Group ‘D’ Posts Rules, 2001.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice Surya Kant
Neutral Citation	2019 INSC 1373
Petitioner	Rajnish Kumar Mishra & Ors. Etc.
Respondent	State Of Uttar Pradesh & Ors. Etc.
SCR	[2019] 15 S.C.R. 68
Judgement Date	2019-12-13
Case Number	9413

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