Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | consequential benefits Regularization part time employees Service Law |
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 of part time employees with consequential benefits – The High Court in Moti Singh case specifically held, while directing the consideration of daily wage status, the employee would not be entitled to any consequential monetary benefits for the past period, but this would be counted for purpose of regularization after completion of ten years – Pursuant thereto, State Government issued instructions on 22.09.2011, inter alia, governing Revenue Chowkidars – However, first respondent filed writ petition and sought grant of daily wage status with consequential benefits, which was granted by the High Court – On appeal, held: Direction of the High Court was inconsistent with the observations of the High Court itself in Moti Singh case – The policy dated 22.09.2011 essentially adopted the principle adopted in Moti Singh case by the High Court – The communication dated 22.09.2011 of the State Government in the Department of Revenue specifically spoke of the conversion of part time revenue chowkidars to daily wage status – Thus, once the State Government decided to bring part time Revenue Chowkidars on a daily wage basis with the added stipulation that while their seniority would count from the completion of ten years, this would be without any past financial benefits, this principle was required to be duly followed – In the circumstances, the High Court ought not to have issued a direction for the payment of consequential monetary benefits.The Government decided by policy dated 27.02.2004 that part time class-IV employees who completed ten years of continuous service as on 31.12.2003 in all departments, except Education and Ayurveda, will be made daily wagers subject to certain terms and conditions. In Moti Singh case, the High Court held that the employee would not be entitled to any consequential monetary benefits for past period, but this would be counted for the purpose of regularization after completion of ten years.Pursuant to the above directions of the High Court, the State Government in the Department of Revenue issued instructions on 22.09.2011. The first respondent filed a writ petition before the High Court seeking a grant of daily wage status with consequential benefits with effect from 27.02.2004. High Court issued a direction for payment of consequential monetary benefits with effect from 01.01.2007. Hence, the present Special Leave Petition. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 73 |
Petitioner | The State Of Himachal Pradesh & Anr. |
Respondent | Pinju Ram Etc. |
SCR | [2019] 2 S.C.R. 601 |
Judgement Date | 2019-01-22 |
Case Number | 898 |
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