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The Union Of India & Ors vs Pannalal Thakur on 22 December, 2025 cites

Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006

6. Sri Dasgupta, learned counsel for Department by placing reliance on the Constitution Bench judgment in the case of Secretary, State of Karnataka & Ors. vs. Umadevi (3) & Ors. (2006) 4 SCC 1 submits that this judgment needs to be read in its entirety and paragraph 53 of the judgment cannot be read in isolation. The Apex Court made it clear that the appointment made de hors the rules, without sanctioned posts cannot be regularized. In the instant case, the appointment of applicants were 'irregular' and not 'illegal'. However, their appointments were made without following any rule/regulation. Their names were called from employment exchange by the Department and they were subjected to a selection by a selection committee constituted by the Department. However, their appointment order dated 20.03.1997 makes it clear that appointment was against a planned scheme and was in temporary capacity for a limited period. Thus, this appointment order nowhere shows that they were appointed against a regular/vacant post. No right of regularization accrues from order dated 20.03.1997. Earlier, when their prayers for regularization were not acceded to by passing order dated 08.01.2008, they did not challenge the said order.
Supreme Court of India Cites 46 - Cited by 4959 - P K Balasubramanyan - Full Document

The Official Liquidator Of M/S Kaizen ... vs Dayanand Madhav Mapuskar And Anr ... on 20 December, 2018

8. By taking this Court to the impugned order the learned Tribunal, learned counsel for Department submits that very foundation of the impugned order is based on two judgments passed by Karnataka High Court in WP(C) No.17545 of 2012 and WP 57381 of 2013. A conjoint reading of these judgments and the impugned order of Tribunal shows that in none of these, the basic parameters were considered. The availability of sanctioned post, observance of recruitment process as per rules/regulations were not considered and regularization were directed on mere asking. The said decisions and parity arising thereto cannot be a reason for passing the impugned order in view of the test laid down by Supreme Court in Official Liquidator (supra).
Bombay High Court Cites 0 - Cited by 151 - S J Kathawalla - Full Document

Chairman/Managing Director, U.P. ... vs Ram Gopal on 30 January, 2020

In addition, they prayed for regularisation as well. In our Judgment, if employee works continuously for more years than another employee who rendered lesser years of service and claims regularisation, the employee who has rendered service of more number of years is on a higher footing. Putting it differently, longer service with the department makes his case stronger and not weaker. Thus, the judgment of Ram Gopal (supra) cannot be pressed into service. The said case was not relating to regularisation of service and hence cannot be pressed into service.
Supreme Court of India Cites 9 - Cited by 79 - S A Bobde - Full Document

State Of Karnataka & Ors vs M.L. Kesari & Ors on 3 August, 2010

27. The Apex Court in Narendra Kumar Tiwari (supra) considered its previous judgment in State of Karnataka vs. M.L. Kesari reported in (2010) 9 SCC 247 and dealt with the term 'one time measure' mentioned in the judgment of Umadevi (supra). The Court made it clear that if employee had rendered requisite number of years of service and otherwise eligible, he cannot be deprived from consideration for regularisation merely because department had not undertaken the exercise of screening him for regularisation. Since present respondents had rendered more than 10 years of service before the cut off date in (10th April, 2006) without any interim order, they cannot be put to a comparative disadvantageous position for the inaction of the department in considering them for regularisation.
Supreme Court of India Cites 4 - Cited by 1834 - R V Raveendran - Full Document
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