Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Regularization |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Regularization – Respondents-part time employees sought regularization – Claim rejected by Central Administrative Tribunal, though with certain directions – Writ petitions filed by both the parties – High Court inter alia directed the appellants to reformulate regularization policy and to take a decision to sanction the post in a phased manner – On appeal, held: Respondents were working as contingent paid part-time sweepers (Safai Karamcharies working for less than five hours a day) in a Post Office – There are no sanctioned posts of Safaiwalas in the Post Office in which the respondents were working – No documentary evidence is on record to prove that the respondents worked continuously – Directions issued by the High Court are beyond the power of the judicial review – Further, respondents are not entitled for the benefit of regularization even under the Department’s regularization policy dtd. 30.06.14 which though is in consonance with the law laid down in Secretary, State of Karnataka & Ors. Vs. Umadevi and Ors. reported as [2006] 3 SCR 953, but does not apply to the part-time workers who do not work on the sanctioned post – Nobody can claim regularization as a matter of right dehors the regularization policy – Impugned judgment set aside – Constitution of India – Art.226. Constitution of India – Art.226 – Judicial Review – Regularization – Held: Regularization policy to regularize the services of the employees working on temporary status and/or casual labourers is a policy decision – Court cannot issue mandamus and/ or issue mandatory directions in judicial review to do so. Service Law – Government Institution – Part-time employees, parity with regular employees – Held: Part-time temporary employees in a Government run institution cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 634 |
Petitioner | Union Of India & Ors. |
Respondent | Ilmo Devi & Anr. |
SCR | [2021] 6 S.C.R. 1158 |
Judgement Date | 2021-10-07 |
Case Number | 5689-5690 |
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