Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Regularisation - Part time sweepers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Regularisation - Part time sweepers - Working for more than 10 years sought regularisation of their services by filing writ petitions before the High Court - Writ Petitions allowed - Held: Mere continuation of service by a temporary or ad hoc or daily-wage employee, under cover of some interim orders of the court, would not confer upon him any right to be absorbed into service, as such service would be "litigious employment" - Even temporary, ad hoc or daily- wage service for a long number of years, let alone service for one or two years, will not entitle such employee to claim regularisation, if he is not working against a sanctioned post - Sympathy and sentiment cannot be grounds for passing any order of regularisation in the absence of a legal right - There cannot be a direction for absorption, regularisation or permanent continuance of part-time temporary employees - Part-time temporary employees in government-run institutions cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work - Nor can employees in private employment, even if serving full time, seek parity in salary with government employees - The right to claim a particular salary against the State must arise under a contract or under a statute. - However, in light of the facts and circumstances of the case, since the department has already implemented the impugned judgment and does not want to disturb the services of the respondents, the services of the respondents which stood regularised should not be affected. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2014 INSC 121 |
Petitioner | Secretary To Government, School Education Department, Chennai & Ors. |
Respondent | Thiru R. Govindaswamy & Ors. |
SCR | [2014] 3 S.C.R. 84 |
Judgement Date | 2014-02-21 |
Case Number | 1-6 |
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