Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | claim of-Granted by courts below- Held: Order by which regularization was directed on 1. 3.1991 was a D wrong G. 0. which was subsequently rectified and correct G. O.Ms. was referred to-However Service Law: Regularisation-Claim of-Services of daily wage c employee converted into regular last grade service by proceedings dated 1. 3.1991-Subsequently services regularized w. e.f 1. 4.1999 Orders of Court below indefensible and set E aside. by proceedings in G.O.Ms. No 98 of 1.4.1999-Benefits o f earlier regularization w.e.f 1.3.1991 employee did not fulfill the conditions laid down therein and as such not entitled to the benefit flowing from the G.O.Ms.-Services were regularised in 1999 pursuant to G.0.Ms. No. 98of1. 4.1999-Thus |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Regularisation - Claim of - Services of daily wage employee converted into regular last grade service by proceedings dated 1.3.1991 - Subsequently services regularized w. e.f. 1.4.1999, by proceedings in G.O.Ms. No 98 of 1.4.1999 - Benefits of earlier regularization w.e.f. 1.3.1991, claim of - Granted by courts below - Held: Order by which regularization was directed on 1.3.1991 was a wrong G.O. which was subsequently rectified and correct G.O.Ms. was referred to - However, employee did not fulfill the conditions laid down therein and as such not entitled to the benefit flowing from the G.O.Ms. - Services were regularised in 1999 pursuant to G.O.Ms. No. 98 of 1.4.1999 - Thus, Orders of Court below indefensible and set aside.Respondent was appointed as watchman on temporary basis by proceedings dated 21.4.1980. Pursuant to G.O.Ms. 9 dated r 8.1.1981 by proceedings dated 1.3.1991, services of respondent and others were converted into regular last grade service. However, by proceedings in G.O.Ms.No.98 dated 1.4.1999, services of the respondent was again regularized pursuant to G.O.Ms. No.212 dated 22.4.1994. Proceedings dated 8.4.1999 were issued considering him as regular employee w.e.f. 1.4.1999. Aggrieved, respondent sought regularization into last grade service w.e.f. 1.3.1991 and invalidation of proceedings in G.O.Ms. No.98 dated 1.4.1999 and proceedings dated 8.4.1999. Tribunal held that that the subsequent scheme of regularization issued in G.O.Ms. No.212 dated 22.4.1994 would not deprive the respondent of the benefits of earlier regularization. It held that the services of the respondent and others were regularized under earlier orders, and, therefore, G.O.Ms. No.98 dated 1.4.1999 could not be applied to the respondent's case. Appellants filed writ petition challenging the order and the same was dismissed. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1204 |
Petitioner | The Secretary To Government Agriculture & Cooperation Government Of Andhra Pradesh And Ors. |
Respondent | K.kesavulu |
SCR | [2007] 12 S.C.R. 689 |
Judgement Date | 2007-11-29 |
Case Number | 5525 |
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