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1 - 10 of 46 (0.27 seconds)Article 162 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
The mechanism and the guidelines for regularization of
irregular employees has been clearly dealt with in the case of State of
Karnataka Vs. Umadevi, reported in (2006) 4 SCC 1 but the same has not
been considered, rather, the State has not come-out with any specific policy
decision and are rejecting the claims of the employees in whimsical manner.
Learned counsel further argued that though no right has accrued to the
employees to claim regularization but in terms of amended rules of
regularization of the year 2019, they have right to be considered in true
letter and spirit. They cannot be discriminated and the mandate of Articles
14 and 16 of the Constitution should be adhered to. The mandate of Article
14 of the Constitution should be complied in true sense. The scheme is
floated as the part of beneficial legislation.
Article 309 in Constitution of India [Constitution]
Sheo Narain Nagar vs The State Of Uttar Pradesh on 13 November, 2017
In the case of Sheo Narain Nagar Vs. State of Uttar Pradesh
reported in (2018) 13 SC 432, this factum has clearly been decided.
The Code of Civil Procedure, 1908
Chander Mohan Negi vs State Of H.P. & Others on 13 July, 2020
Further, reliance was placed in case of Chander Mohan Negi &
Ors. Vs. State of Himachal Pradesh & Ors., reported in (2020) 5 SCC
732 and in case of Babita Kumari & Ors. Vs. the State of Jharkhand &
Ors. [W.P.(S). No. 4682 of 2021] disposed of on 27.07.2022.
S. Narayana vs Md. Ahmedulla Khan And Ors on 8 May, 2006
17. On legal points, learned Advocate General refers several judgments
delivered by the Hon'ble Apex Court as well as High Courts. Referring to
the judgment in the case of Uma Devi, learned Advocate General submits
that regularization cannot be said to be a mode of recruitment and it does
mean permanence in service. Citing the judgment in the case of S.
Narayana Vs. Md. Ahmedulla Khan & Ors. (2006) 10 SCC 84, it was
contended that regularization does not connote permanence and cannot be
construed so as to convey an idea of the nature of tenure of appointments.
Regularizations are termed calculated to condone any procedural
irregularities and are meant to cure only such defects as are attributable to
methodology followed in making the appointments and even this Court
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emphasized that when rules framed under Article 309 of the Constitution
are in force, no regularization is permissible in exercise of the executive
powers of the Government under Article 162 thereof in contravention of the
rules.
Director, Institute Of Management ... vs Smt. Pushpa Srivastava on 4 August, 1992
18. On the point of contractual appointment, learned Advocate General
refers the judgment in the case of Director, Institute of Management
Development U.P. Vs. Pushpa Srivastava, (1992) 4 SCC 33 to contend
that when appointment is made on contract and ad hoc basis on
consolidated pay for a fixed period, it cannot be terminated without notice
and when the appointment came to an end by efflux of time, the appointee
had no right to continue in the post and to claim regularization in service in
the absence of any rule providing for regularization after the period of
service.