situated to his junior Ghulam Nabi Kumhar, could have
been denied retrospective regularisation from the date his junior was
so regularised, particularly when the respondents ... regularisation dated 17.02.2012. The only justification put forth is that
retrospective regularisation would disturb settled seniority and that the
applicant approached the Tribunal belatedly. This
automatic regularisation, and Para 5(v) of the Act of
2010 provides that regularisation shall have effect only from the date
of such regularisation irrespective ... automatic regularisation also does not advance the respondents' case.
The applicants are not claiming regularisation dehors the statute. They
are claiming regularisation under
rejected the Original
Application insofar as it related to seniority and retrospective
regularisation on the ground that the claim was highly belated and
barred ... consequential pensionary benefits. In the
present case, the foundational claim for retrospective regularisation
from an anterior date was rejected by the Tribunal on the ground
Prison Department, and accordingly,
rejected the claim of respondent for retrospective regularisation of her service
in the post of Grade II Warder from her initial ... 18635 of 2014. Learned Single Judge considered the facts and granted
retrospective regularisation.
4. Learned counsel for the respondent would submit that recent
judgment
intended to be used to derive undue benefit of retrospective
regularisation from the employer, once the benefit, which is sought to be
conferred through ... they cannot go back and
claim permanency in the form of retrospective regularisation from an anterior
date merely because certain other individuals have been granted
before this Court. The prayer before the CAT is
for regularisation with retrospective effect, protection of
pay, and grant of seniority and service and pension ... decision in Sheela Devi (supra).
The issues relating to grant of retrospective regularisation,
seniority and service benefits during the contractual period
have not been argued
settled proposition of law that regularisation or
grant of service benefits with retrospective effect cannot be
claimed from a date when the employee ... process itself by
granting weightage marks. Therefore, the claim for further
retrospective regularisation from the initial dates of engagement
would amount to conferring a double
before
this Court. The prayer before the CAT is for regularisation with
retrospective effect, protection of pay, and grant of seniority and
service and pension ... decision
in Sheela Devi (supra). The issues relating to grant of
retrospective regularisation, seniority and service benefits during
the contractual period have not been argued
decision of the Full Bench of this Court , their claim
for retrospective regularisation, after a decade from the date of their
regularisation, is impermissible. Hence
supernumerary post where
necessary, do not amount to substantive retrospective
regularisation or conferment of additional service benefits. Such
directions are remedial in character, intended only
