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Dayalal And Ors. vs State Of Rajasthan And Ors. on 7 May, 2003

19. This Court in above writ petition No. 3453/94 held that direction to regularise the employment of employees cannot be issued by the court. The Division Bench of the Court in the case of Kalu and 12 Ors. v. U.O.I. and Ors. (29), in which I was also party to the judgment, after considering the number of judgments of the Hon'ble Supreme Court also held that the regularisation cannot be Claimed merely on the basis of the long period of service but at the same time, it has been held that the employer may frame a scheme to give uniform benefit to the employees and can judge the suitability of the employees and regularise the services of the employees. Here in this case when once this Court has issued directions which have been accepted by the respondent- State and scheme was framed which was placed before the Hon'ble Supreme Court, and the Hon'ble Supreme Court directed to give effect to the scheme then, if the State has committed the same mistake or allowed the mistake to be continued in giving appointments to the employees and the employees worked for several years, much more years than the years for which the employees worked and whose services were regularised, then it was the duty of the State to first find out why the scheme of the same type cannot be framed and implemented to give similar treatment to these employees though appointed subsequently but appointed either by the State or by the authorities over which the complete administrative control as well as financial control is of the State Government. It is relevant to mention here that the respondents were given opportunity to explain why the same scheme which was framed earlier cannot be framed to regulate the services of the petitioners by order dated 10 December 2001 in S.B. Civil Writ Petitions Nos; 619/99 and 620/99 but the State could not submit any reason against framing of the scheme once again.
Rajasthan High Court - Jaipur Cites 26 - Cited by 1 - P C Tatia - Full Document

Man Mohan Nagi S/O Shri Bhag Ramji vs Union Of India (Uoi) (Through The ... on 12 September, 2006

4. Reliance has been placed on various judgments of this Tribunal as well as other Courts, viz. Union of India v. Brij Mohan dated 06.09.1999 in DB CWP No. 3140/1999, Kalu v. Union of India and Ors. and other connected matters dated 20.12.2002 in D.B. Civil Writ Petition No. 3235/2001 by the Honble High Court of Rajasthan, Order dated 16.02.2002 in OA No. 539/2001 Shri Rachpal Singh v. Union of India and Ors. of this Bench, order dated 10.12.2002 in OA 561/2001 Dharam Pal Singh and Ors. v. Union of India and order dated 06.11.2001 in OA No. 781/2001 Sulakhan Singh v. UOI and Ors. As far as last order dated 06.11.2001 is concerned, it was pointed out that the Writ Petition filed by respondents i.e. C.W. No. 2618/2002 was dismissed by the Honble High Court of Delhi vide order dated 26.04.2002.
Central Administrative Tribunal - Delhi Cites 10 - Cited by 0 - Full Document
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