Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Regularization - Legal principles relating to c regularization and parity in pay - Discussed. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law:Regularization - Legal principles regularization and parity in pay - Discussed .Regularization - Persons appointed as Superintendents in aided non-governmental Hostels - Claim for absorption by way of regularization in government service or salary on par with Superintendents in Government Hostels - Held: Not maintainable - Government is liable only to extend'aid to the aided non-governmental hostels by way of a grant to students staying in such hostels, to meet the expenditure of food, water, electricity, clothes, hair-cutting, soap, oil and shoes and another grant for books and stationery of such students .Government is not liable to bear the expenses of salary and allowances of the employees of the aided hostels and it is for the private organizations which run the aided hostels to meet the salaries of employees from their own resources - The persons employed in the aided hostels are the employees of the respective organizations running those hostels and are not the employees of the Government - Government merely prescribed the eligibility conditions to be fulfilled by the private organizations to get grants to meet the food and education expenses of students staying in such hostels - Therefore, persons employed by the aided hostels could not be termed as persons employed by the StateĀ· Government - Nor could the Government be held liable for their service conditions, absorption, regularisation or salary of employees of private hostels - Government and Aided Hostels Management Rules, 1982 - rr. 5, 9 and 11.Temporary employee - Part-time cooks and chowkidars employed on temporary basis in the Government hostels, with few years of service - Claim for regularization by framing a special scheme - Held: Not entitled - Service for a period of one or two years or continuation for some more years by virtue of final orders under challenge, or interim orders, would not entitle themĀ· to any kind of relief either with reference to regularization nor for payment of salary on par with regular employees of the Department - If there was a one time scheme for regularisation of those who were in service prior to a cut off date, there cannot obviously be successive directions for scheme after scheme for regularization of regular or part-time appointments - Interim order.Regularisation - Jurisdiction of High Courts to direct regularization, absorption or permanent continuance - Held: High Courts, in exercising power under Article 226 of the Constitution will not direct regularization, absorption or permanent continuance, unless the employees claiming regularization had been appointed in pursuance of a regular recruitment in accordance with relevant rules in an open competitive process, against sanctioned vacant posts -,Constitution of India, 1950 - Articles 14, 16 and 226. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 43 |
Petitioner | State Of Rajasthan & Ors. |
Respondent | Daya Lal & Ors. |
SCR | [2011] 1 S.C.R. 707 |
Judgement Date | 2011-01-13 |
Case Number | 486 |
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