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1 - 10 of 35 (0.93 seconds)Article 16 in Constitution of India [Constitution]
Article 309 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Court In The Case Of Secretary, State Of ... vs . Uma on 9 April, 2015
"7. When we consider the prevailing scenario, it is
painful to note that the decision in Uma Devi (Supra) has
not been properly understood and rather wrongly applied
by various State Governments. We have called for the
data in the instant case to ensure as to how many
employees were working on contract basis or ad-hoc
basis or daily-wage basis in different State departments.
We can take judicial notice that widely aforesaid practice
is being continued. Though this Court has emphasised
that incumbents should be appointed on regular basis as
per rules but new devise of making appointment on
contract basis has been adopted, employment is offered
on daily wage basis etc. in exploitative forms.
The Code of Criminal Procedure, 1973
S.B. Shahane And Ors vs State Of Maharashtra And Anr on 21 April, 1995
53. One aspect needs to be clarified. There may be
cases where irregular appointments (not illegal
appointments) as explained in S.V. NARAYANAPPA
(supra), R.N. NANJUNDAPPA (supra), and B.N.
NAGARAJAN (supra), and referred to in paragraph 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 courts or of tribunals. The
question of regularization of the services of such
employees may have to be considered on merits in the
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light of the principles settled by this Court in the cases
above referred 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 regularize 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 courts
or of tribunals and should further ensure that regular
recruitments are undertaken to fill those vacant
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
regularization, if any already made, but not subjudice,
need not be reopened based on this judgment, but there
should be no further by-passing of the constitutional
requirement and regularizing or making permanent, those
not duly appointed as per the constitutional scheme."
Sachin Ambadas Dawale vs The State Of Maharashtra on 19 October, 2013
In case of Sachin Dhawale and others Vs. The State of
Maharashtra and others (supra), the petitioners were lecturers in
different departments of the Government polytechnics. They
were in service for the period ranging from three to ten years.
They were not given benefit of permanency. Their appointments
were made by following due procedure and with the
recommendation of the selection committee. In that context the
observations were made in paragraph Nos. 10, 12, 13, 16 and 17.
The facts of the case at hand are peculiar and different. In the
present case appointments are not on sanctioned posts.
State Of Rajasthan & Ors vs Daya Lal & Ors on 13 January, 2011
20. Thus, the impugned Government Resolution is
irrational, unreasonable and against the law of the land.
Therefore, in view of the parameters laid down by the
Apex Court in the case of "Brij Mohan Lal" (supra), this
Court can definitely quash the impugned Government
Resolution. It follows that this Writ Petition deserves to
be allowed."
State Of Karnataka & Ors vs M.L. Kesari & Ors on 3 August, 2010
The
sanctioned post is the foremost requirement and sine qua none
for granting regularization as laid down by the Supreme Court
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vide judgment in the matter of State of Karnataka Vs. M. L. Kesari
and others (supra).