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1 - 10 of 18 (0.28 seconds)Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
17. On merits, he submits that in the advertisements itself, it is clearly
stated that the appointments are under the PMGSY scheme on
contractual basis. The petitioners having accepted the contractual
appointments, cannot now turn around and seek permanency. No writ is
prayed against the Zilla Parishad. The advertisement is only for one year.
The work is now done under the different schemes. There is no
challenge to such policy in the petitions. There is no work now available
of permanent nature. He relied upon the judgment in the case of
Secretary, State of Karnataka and Ors. Vs. Umadevi and Ors. 6, where it is
6 2006 AIR (SC) 1806
( 82 ) WP-527-2025 +
held that no right can be created of regularization. He relies on the reply
filed in WP/4130/2015, common in all the writ petitions. He submits
that the establishment of MRRDA, which is a Society registered under
the Societies Registration Act. The said society though is established by
the Government cannot be said to be an instrumentality of the State
under Article 12 of the Constitution of India. For the present, the posts
are with the societies and not with the Zilla Parishad or the Government
and no substantive posts are created. The scheme is only as per direction
of Union of India. He thus submits that the petitions deserve to be
dismissed as there is no vested right in any of the petitioners.
State Of Haryana And Ors. Etc. Etc vs Piara Singh And Ors. Etc. Etc on 12 August, 1992
In the case of State of Haryana and Ors. Vs. Piara Singh and Ors .
(supra), it was held that an ad-hoc employee cannot be replaced by
another ad-hoc employee. It was accepted fact that the persons were
working as ad-hoc employees.
Article 21 in Constitution of India [Constitution]
The Societies Registration Act, 1860
Vinod Kumar Ias vs Union Of India And Ors. on 20 November, 2017
In the case of Secretary, State of Karnataka and Ors. Vs. Umaevi an
Ors. (supra). In the said case, the appointments were made as backdoor
entries. The appointments were on daily wages basis or
temporary/contract basis. The appointments were also in violation of
( 96 ) WP-527-2025 +
constitutional scheme. In the said case, direction was given to regularize
the employment by treating them as permanent.
Sheo Narain Nagar vs The State Of Uttar Pradesh on 13 November, 2017
In the case of Sheo Narain Nagar and Ors. (supra), the Hon'ble
Apex Court was dealing with a case where the appellants were initially
engaged on daily wages basis in 1993. Later on in 1996, they were
appointed on contractual basis. In the year 2000, the appointment
orders were issued appointing the appellants as regular employees on
( 92 ) WP-527-2025 +
the minimum pay scale. In the year 2006, they were confirmed with the
status of temporary employees with retrospective effect from 2002.
When the employees approached the High Court, the High Court only
directed that their cases be considered for regularization and dismissed
the writ petition. The order passed by the learned Single Judge was
confirmed by the Division Bench. The employees thus were before the
Hon'ble Apex Court. In the said case, the Hon'ble Apex Court held that
the appellants had rendered the services for three years, when they were
offered the service on contract basis. The case could not be said to be
back door entry. There was no rule in place for offering such
appointment and thus the appointment could not be said to be illegal or
in contravention of Rules. In that view, the appeals were allowed
directing that the services of the appellant therein be regularized from
02/10/2002 with consequential benefits and arrears of pay. The
payment was directed to be paid within three months from the date of
order.
Ajay Hasia Etc vs Khalid Mujib Sehravardi & Ors. Etc on 13 November, 1980
15. He relied on the judgment in the case of Ajay Hasia and Ors.
(supra), while countering the argument of respondents that no writ can
be issued against society. He submits that in the present case, the society
is totally controlled by the Government, and therefore, is a State under
Article 12 of the Constitution of India.
Rushibhai Jagdishchandra Pathak vs Bhavnagar Municipal Corporation on 18 May, 2022
In support of the submissions of learned AGP, she relied upon the
judgment passed by the Hon'ble Apex Court in Civil Appeal No.4134 of
( 83 ) WP-527-2025 +
2022 in the case of Rushibhai Jagdishchandra Pathak Vs. Bhavnagar
Municipal Corporation dated 18.05.2022. The Hon'ble Apex Court in
various other cases have held that the petitioners shall be entitled to get
the arrears of salary only for three years prior to the date of filing of writ
petition. This Court finds that the petitioner also entitled to get the
benefits of arrears with bank interest.
Union Of India & Anr vs Tarsem Singh on 13 August, 2008
The Hon'ble Apex Court passed
the judgment considering the judgment in the case of Union of India and
Ors. Vs. Tarsem Singh. [(2008) 8 SCC 648].