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1 - 10 of 14 (1.00 seconds)Article 16 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Dharam Singh And Others vs The State Of Uttar Pradesh on 9 March, 1962
13.8.In Dharam Singh v. State of U.P.13 , this Court strongly
deprecated the culture of "ad-hocism" adopted by States in
their capacity as employers. The Court criticised the practice
of outsourcing or informalizing recruitment as a means to
evade regular employment obligations, observing that such
measures perpetuate precarious working conditions while
circumventing fair and lawful engagement practices.
Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
20. It is well established that the decision in Uma Devi
(supra) does not intend to penalize employees who
have rendered long years of service fulfilling ongoing
and necessary functions of the State or its
instrumentalities. The said judgment sought to prevent
backdoor entries and illegal appointments that
circumvent constitutional requirements. However,
where appointments were not illegal but possibly
"irregular," and where employees had served
continuously against the backdrop of sanctioned
functions for a considerable period, the need for a fair
and humane resolution becomes paramount.
Shripal vs Nagar Nigam, Ghaziabad on 12 September, 2023
40. The same position has been reiterated in Shripal
(supra) at the following paras of the Judgment:
Shah Samir Bharatbhai vs State Of Gujarat on 5 July, 2023
In Shah Samir Bharatbhai's case supra, Hon'ble
Supreme Court has held as under:
Article 226 in Constitution of India [Constitution]
Vinod Kumar Sangal vs Union Of India And Ors on 25 April, 1995
13.7.In Shripal v. Nagar Nigam, 11 and Vinod Kumar v.
Union of India, 12 this Court cautioned against a mechanical
and blind reliance on Umadevi (supra) to deny regularization
to temporary employees in the absence of statutory rules.