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1 - 10 of 17 (0.23 seconds)Article 226 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
State Of Rajasthan & Ors vs Daya Lal & Ors on 13 January, 2011
7. This Court in State of Rajasthan & Ors. v. Daya Lal & Ors.,
AIR 2011 SC 1193, has considered the scope of regularisation of
irregular or part-time appointments in all possible eventualities
and laid down well-settled principles relating to regularisation and
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C/SCA/5205/2014 JUDGMENT
parity in pay relevant in the context of the issues involved
therein. The same are as under:
Nand Kumar vs State Of Bihar & Ors on 25 February, 2014
In the case of Nand Kumar versus State of Bihar and
others, (2014) 5 SCC 300, the Supreme Court made the following
observations:-
State Of Mysore & Anr vs S. V. Narayanappa on 22 August, 1966
"53. One aspect needs to be clarified. There may be
cases where irregular appointments (not illegal
appointments) as explained in State of Mysore v. S.V.
Narayanappa 1967 (1) SCR 128, R.N.Nanjundappa v.
T.Thimmiah 1972 (1) SCC 409 and B.N.Nagarajan v. State
of Karnataka 1979 (4) SCC 507 and referred to in para 15
above, of duly qualified persons in duly sanctioned vacant
posts might have been made and the employees have
continued to work for ten years or more but without the
intervention of orders of the courts or of tribunals. The
question of regularisation of the services of such
employees may have to be considered on merits in the
light of the principles settled by this Court in the cases
abovereferred to and in the light of this judgment. In that
context, the Union of India, the State Governments and
their instrumentalities should take steps to regularise as a
one-time measure, the services of such irregularly
appointed, who have worked for ten years or more in duly
sanctioned posts but not under cover of orders of the
courts or of tribunals and should further ensure that
regular recruitments are undertaken to fill those vacant
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C/SCA/5205/2014 JUDGMENT
sanctioned posts that require to be filled up, in cases
where temporary employees or daily wagers are being now
employed. The process must be set in motion within six
months from this date. We also clarify that regularisation,
if any already made, but not sub judice, need not be
reopened based on this judgment, but there should be no
further bypassing of the constitutional requirement and
regularising or making permanent, those not duly
appointed as per the constitutional scheme." (emphasis in
original)
R. N. Nanjundappa vs T. Thimmiah & Anr on 8 December, 1971
"53. One aspect needs to be clarified. There may be
cases where irregular appointments (not illegal
appointments) as explained in State of Mysore v. S.V.
Narayanappa 1967 (1) SCR 128, R.N.Nanjundappa v.
T.Thimmiah 1972 (1) SCC 409 and B.N.Nagarajan v. State
of Karnataka 1979 (4) SCC 507 and referred to in para 15
above, of duly qualified persons in duly sanctioned vacant
posts might have been made and the employees have
continued to work for ten years or more but without the
intervention of orders of the courts or of tribunals. The
question of regularisation of the services of such
employees may have to be considered on merits in the
light of the principles settled by this Court in the cases
abovereferred to and in the light of this judgment. In that
context, the Union of India, the State Governments and
their instrumentalities should take steps to regularise as a
one-time measure, the services of such irregularly
appointed, who have worked for ten years or more in duly
sanctioned posts but not under cover of orders of the
courts or of tribunals and should further ensure that
regular recruitments are undertaken to fill those vacant
Page 6 of 14
C/SCA/5205/2014 JUDGMENT
sanctioned posts that require to be filled up, in cases
where temporary employees or daily wagers are being now
employed. The process must be set in motion within six
months from this date. We also clarify that regularisation,
if any already made, but not sub judice, need not be
reopened based on this judgment, but there should be no
further bypassing of the constitutional requirement and
regularising or making permanent, those not duly
appointed as per the constitutional scheme." (emphasis in
original)
B.N. Nagarajan And Ors. vs State Of Karnataka And Ors. on 3 May, 1979
"53. One aspect needs to be clarified. There may be
cases where irregular appointments (not illegal
appointments) as explained in State of Mysore v. S.V.
Narayanappa 1967 (1) SCR 128, R.N.Nanjundappa v.
T.Thimmiah 1972 (1) SCC 409 and B.N.Nagarajan v. State
of Karnataka 1979 (4) SCC 507 and referred to in para 15
above, of duly qualified persons in duly sanctioned vacant
posts might have been made and the employees have
continued to work for ten years or more but without the
intervention of orders of the courts or of tribunals. The
question of regularisation of the services of such
employees may have to be considered on merits in the
light of the principles settled by this Court in the cases
abovereferred to and in the light of this judgment. In that
context, the Union of India, the State Governments and
their instrumentalities should take steps to regularise as a
one-time measure, the services of such irregularly
appointed, who have worked for ten years or more in duly
sanctioned posts but not under cover of orders of the
courts or of tribunals and should further ensure that
regular recruitments are undertaken to fill those vacant
Page 6 of 14
C/SCA/5205/2014 JUDGMENT
sanctioned posts that require to be filled up, in cases
where temporary employees or daily wagers are being now
employed. The process must be set in motion within six
months from this date. We also clarify that regularisation,
if any already made, but not sub judice, need not be
reopened based on this judgment, but there should be no
further bypassing of the constitutional requirement and
regularising or making permanent, those not duly
appointed as per the constitutional scheme." (emphasis in
original)
Avas Vikas Sansthan & Anr vs Avas Vikas Sansthan Engineers Assn. & ... on 28 March, 2006
[See
Avas Vikas Sansthan v. Avas Vikas Sansthan Engineers
Association (2006 (4) SCC 132)]. Their relevance in the context of
appointment arose by reason of the concept of regularisation as a
source of appointment.
Gujarat Rajya Anshkalin Karmachari ... vs State Of Gujarat & 10....Opponent(S) on 21 August, 2014
13. A Division Bench of this Court (to which I was a party) in the
case of Gujarat Rajya Anshkalin Karmachari Mandal versus
State of Gujarat and others, Writ Petition (PIL)No.244 of
2014, had the occasion to consider the plight of helpless Class-IV
employees like the petitioners being exploited in all respects. By
order dated 21.08.2014, the State Government was directed to pay
all its Part Time workers at the same rate of remuneration as
prescribed per day for the employment of sweeping and cleaning
work. I may quote the order dated 21.08.2014 as under:-