Dr. Parmod Kumar Dhailwal vs Gnct Of Delhi & Ors on 26 May, 2015
The relevant observations in Keshav Dutt & Ors.'s (supra) case
giving reasons for not regularizing contractual period appointees read as
under:-
Search Results Page
Search Results
1 - 8 of 8 (1.77 seconds)Dharmendra Prasad Singh & Ors. vs The Chairman, State Bank Of India & Ors. on 11 September, 2015
These cases decided by this Court of Keshav Dutt and Ors. (supra)
and Dr. Parmod Kumar Dhailwal (supra) refers to four judgments of
the Supreme Court and which judgments specifically lay down the
ratio that contractual employees even appointed through
advertisement cannot be regularized in services, inasmuch as, the
same would amount to violating Articles 14 and 16 of the
Constitution of India and the ratio of the judgment of the Constitution
Bench of the Supreme Court in the case of Secretary, State of
Karnataka and Others Vs. Umadevi and Others 2006 (4) SCC 1.
These four judgments of the Supreme Court are as under:-
Rahul Singh Bhadoria & Ors. vs Life Insurance Corporation on 5 December, 2016
The relevant paras of the judgment in the case of
Keshav Dutt (supra) are paras 2 to 15 and these paras read as under:-
Anil Lamba & Ors. vs Govt. Of Nct & Ors. on 6 March, 2017
8. It is not and cannot be disputed that the petitioners were selected
and appointed pursuant to such advertisement which advertisement was
not for appointments on permanent basis and petitioners were to be
appointed and actually appointed only for contractual terms. Once that is
so, such persons cannot seek regularization to the posts as held in various
judgments of the Supreme Court and which ratios of which have been
encapsulated in the judgment in the case of Keshav Dutt (supra)."
Mrs. Seema Bansal vs University Of Delhi & Ors. on 14 March, 2017
8. It is not and cannot be disputed that the petitioners were selected
and appointed pursuant to such advertisement which advertisement was
not for appointments on permanent basis and petitioners were to be
appointed and actually appointed only for contractual terms. Once that is
so, such persons cannot seek regularization to the posts as held in various
judgments of the Supreme Court and which ratios of which have been
encapsulated in the judgment in the case of Keshav Dutt (supra)."
Ish Rani vs Union Of India & Ors. on 27 March, 2017
7. A reading of the ratios of various Supreme Court judgments
which have been reproduced, as also relevant paras in the judgment
delivered by this Court in the case of Keshav Dutt (supra), leaves no
manner of doubt that unless and until the four essential ingredients exist,
the appointments cannot be made in a regular/permanent basis and which
four ingredients are:- sanctioned posts existing, vacancies existing in
such sanctioned posts, eligibility criteria being fulfilled by the candidates
as specified in the recruitment rules or other applicable
guidelines/circular, and finally of competition between the candidates by
calling the candidates by advertisements in newspapers and through
employment exchange."
Radha vs Food And Civil Supplies Department on 7 August, 2018
Inter alia, the respondent whilst placing reliance on the verdict
of this Court in Keshav Dutt & Others vs. Delhi Tourism and
Transport; 2015 (150) DRJ 406 in which reference was made to the
verdict of the Hon‟ble Supreme Court in Secretary, State of
Karnataka v. Uma Devi : 2006 (4) SCC 1, contended that persons
who have been appointed pursuant to an advertisement which itself
required employment only for a limited period cannot seek
regularization and that the present petitioner having been engaged as a
part time Safai Karamchari initially w.e.f. 1.7.2007 and subsequently
in view of requirement was engaged as a Safai Karamchari to work for
full day in the State Commission w.e.f. 1.7.2008 and was thereafter so
further engaged to work for full day w.e.f. 1.7.2009 to 30.9.2009 and
w.e.f. 1.10.2009 to 31.12.2009, and thereafter the services of the
petitioner had been terminated and the service of the petitioner cannot
be termed to be illegally terminated nor could the petitioner seek the
relief of reinstatement, continuity of service, nor full back wages, as
sought by her.
Renu Dalal And Ors vs Goverment Of Nct Of Delhi on 15 December, 2023
During the
course of arguments the respondents have relied on the judgment passed in
the matter of Keshav Dutt (Supra), Ish Rani v. Union of India, 2017 SCC
OnLine Del 7675 and Kumar Mayank v. Delhi Technological University,
2016 SCC OnLine Del 5882.
1