Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Regularization - PIL seeking construction of District court complex - High Court proceeded to issue directions for en masse regularization of services of daily rated workers engaged in High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Regularization - PIL seeking construction of District court complex - High Court proceeded to issue directions for en masse regularization of services of daily rated workers engaged in High Court - Held: High Court proceeded without considering relevant· constitutional and legal principles enunciated in the judgments of Supreme Court regarding regularization of employees - On facts, the directions issued were totally unconnected to the reliefs sought in the PIL - The State Government had constituted an empowered Committee to inquire into the issue of creating posts for regularization of daily rated and casual workers - High Court, however, pre-empted consideration by issuing direction for regularization - Further, lack of clarity in actual nu111ber of daily rated workers in the High Court and district judiciary and who among them eligible to be considered for regularization, yet to be determined - High Court erred in holding that daily rated workers in High Court would not be governed by SRO 64 of 1994 - Impugned order of the High Court directing regularization of e111ployees set aside - Public Interest Litigation . . While hearing a PIL instituted by the District Bar Association for construction of a District Court Complex, the High Court took note of an application filed by the daily rated workers engaged in the High Court and passed an interim order observing that the State is duty bound to consider claim of the daily rated workers and as "one time exception" regularize their services. SLP filed by the State government against the interim order was dismissed. Subsequently, the High Court issued a further direction in which notice was taken of the fact that the State government had, over a considerable.period of time, failed to create therequired number of posts for the State judiciary. The High Court took the view that following the dismissal of the said SLP, the State was duty · bound to create posts for the absorption of daily rated workers. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2016 INSC 1111 |
Petitioner | State Of Jammu And Kashmir & Ors |
Respondent | District Bar Association, Bandipora |
SCR | [2016] 12 S.C.R. 106 |
Judgement Date | 2016-12-08 |
Case Number | 11941 |
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