Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law - Regularization - Appel/a11t initially engaged on daily wage basis |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law - Regularisation - Appellant initially engaged on daily wage basis - Later on. appointed on contractual basis - respondents chose to give minimum of the pay scale, which c Then was available to the regular employees - Ajier few years. conferred the status of temporary employees - High Court directed to consider them for regularisation but their services were not regularised - Ultimately High Court dismissed writ petition of appellants and services of appellants terminated on the finding that their D appointment was irregular - Supreme Court while entertaining special leave petition held that there was no back door employment or entry of the appellants in service so as to dis entitle them from benefit of regularisation as envisaged in *Uma Devi case- thereafter appellants were taken back in service and continued in sen-ice - E Claim for regularisation - Held: The High Court dismissed the writ petitions relying on Uma Devi case - But the appellants were employed basically in the year 1993; they had rendered service for three years, when they were offered the service on contract basis; it was not the case of back door entry; and there were no Rules in place for offering such kind of appointment - Thus, the appointment F could not be said to be illegal and in contravention of Rules, as there were no such Rules available at the relevant point of time, when their temporary status was conferred w.ef. 2.10.2002 - The appellants were required to be appointed 011 regular basis as a one- time measure. as laid down in paragraph 53 of Uma Devi - Since G the appellants had completed 10 years of service and temporary status had been given by the respondents with retrospective effect in the 2.10.2002, their services are regularised from 2.10.2002, consequential benefits and the arrears of pay also to be paid to the appellants.Judicial notice - Appointment on .contract basis or ad-hoc basis or daily-wage basis in difference State departments - Judicialnotice taken that widely said practice is being continued - Thedecisions in Uma Devi is not properly understood and rather wronglyapplied by various State Governments - New devise of makingappointment 011 contract basis has been adopted, employment isBoffered 011 daily wage basis etc. in exploitative forms - This situationwas not envisaged by Uma Devi - The prime internment of thedecision was that the employment process should be by fair meansand not by back door entry and in the available pay scale - Thatspirit of the Uma Devi has been ignored and conveniently overlookedby various State Government authorities - It is being used only as ca tool for not regularisation the services of incumbents - They arebeing continued in service without payment of due salary for whichthey are entitled on the basis of Arts.14, 16 rlw Art.34 (J){d) of theConstitution of India as if they have 110 constitutional protection -They do have equal rights and to make them equals they require Dprotection and cannot be dealt with arbitrarily - The kind oftreatment meted out is not only bad but equally unconstitutionaland is denial of rights-Constitution of India-Arts.14, 16, 34(1)(d)-Service law - Regularisation. |
Judge | N/A |
Neutral Citation | 2017 INSC 1101 |
Petitioner | Sheo Narain Nagar & Ors. |
Respondent | State Of Uttar Pradesh & Ors. |
SCR | [2017] 11 S.C.R. 138 |
Judgement Date | 2017-11-13 |
Case Number | 18510 |
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