Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law - Regularisation - Claim for with retrospective effect |
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 for, withretrospective effect-Appellant initially appointed on the postof Assistant Manager on contractual basis and not on anysanctioned posts and continuously working on the said posts-Advertisements by respondent-authorities for appointmentto the said posts - Challenge to - High Court directingrespondent to consider the claim of appellants forregularization on the existing vacancies - During pendencyof writ petition, policy decision formulated wherein 60% ofthe vacancies were sought to be filled up from amongst 27contractual employees which was later approved by the StateGovernment- Pursuant thereto, appellants appointed to thesaid posts -Appellant seeking regularization of their servicesfrom the date of issuance of advertisement - Allowed bytribunal - However, High Court quashing the order passedby the tribunal as also quashing the appointments of theappellants - On appeal, held: Appellants were appointed onthe post only pursuant to the policy decision of therespondents for regularisation of contractual employees,thus, the appellants cannot seek regularization withretrospective effect from the date of issuance ofadvertisement because at that time regularisation policywasnot in vogue - By policy of regularisation, it was intended togive the benefit only from the date of appointment - Courtcannot read anything into the policy decision which is plain and unambiguous - Appellants have completed more than ten years of continuous service with respondent - They continued in service not by the orders of the court/tribunal, but by the policy decision - Thus, the judgment of the HighCourt quashing the appointment of the appellants is set aside- However, appellants' plea for regularization with retrospective effect is rejected. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 474 |
Petitioner | Surendra Kumar & Ors. |
Respondent | Greater Noida Industrial Development Authority & Ors. |
SCR | [2015] 6 S.C.R. 970 |
Judgement Date | 2015-07-02 |
Case Number | 4916 |
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