Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law:Daily wage employees - Regularization of - Co-operative Electric Supply Society - Taken over by UP. Electricity Board - Decision of Board to regularize services of its daily wage employees - Not implemented in respect of the employees of erstwhile Society though taken over by and working in the Board "in the same manner and position" - Their writ petition allowed by High Court - HELD: Writ petitioners have to be deemed to have been appointed in the service of the Electricity Board from the date of their original appointment in the Society - Since they were all appointed in the society before 4.5.1990, they cannot be denied the benefit of the decision of Electricity Board dated 28.11.1996 permitting regularization of its employees who were working before 4.5.1990 - To take a contrary view would violate Article 14 of the Constitution - In the instant case many of writ petitioners have been working from 1985 i.e. they have put in about 22 years' service and it will surely not be reasonable if their claim for regularization is denied even after such a long period of service - Hence apart from discrimination, Article 14 of the Constitution will also be violated on the ground of arbitrariness and unreasonableness if employees who have put in such a long service are denied the benefit of regularization and are made to face the same selection process which fresh recruits have to face - Constitution of India - Article 14.Constitution of India, 1950:Article 14 - Reasonableness in executive action - Decision of U.P. Electricity Board to regularize services of its daily wage employee - Not implemented in respect of employees of erstwhile Society taken over by the Board and working with it - HELD: Reasonableness and non-arbitrariness is part of Article 14 - It follows that the government must act in a reasonable and non-arbitrary manner otherwise Article 14 would be violated - Uma Devi's* case is to be read in conformity with Article 14 and it cannot be read in a manner which will make it in conflict therewith - No doubt, Maneka Gandhi's** case does not specifically deal with the question of regularization of government employees, but the principle of reasonableness in executive action and the law which it has laid down, is of general application - Often Uma Devi's case is being applied by Courts mechanically without seeing the facts of a particular case - A little difference in facts or even one additional fact may make a lot of difference in the precedential value of a decision - Precedent. |
Judge | N/A |
Neutral Citation | 2007 INSC 1026 |
Petitioner | U.p. State Electricity Board |
Respondent | Pooran Chandra Pandey And Ors. |
SCR | [2007] 10 S.C.R. 920 |
Judgement Date | 2007-10-09 |
Case Number | 3765 |
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