view
of their regularisation in service and continuation in
service based on such regularisation, the order
cancelling their regularisation, with the impact of
termination from ... Umadevi (3) or that despite the declaration of
law in Umadevi (3) case they got a right to have
regularisation or permanence. No such case
considered for regularisation. The fact that the employer has not
undertaken such exercise of regularisation within six months of the
decision in Umadevi ... considered for
regularisation. The fact that the employer has not undertaken such
exercise of regularisation within six months of the decision
in Umadevi (3) [State
examined that question and explained the
principle regarding regularisation as enunciated in Umadevi’s case (supra).
The decision in that case summed up the following ... that there is an exception to
the general principles against “regularisation” enunciated in
Umadevi, if the following conditions are fulfilled:
(i) The employee concerned should
Supreme Court in
Umadevi (3) and others' case (supra) merely provided for regularisation as
one time measure of the employees, who were irregularly appointed ... made through due
process of law.
Legal position regarding regularisation
46. The issue regarding regularisation of services of the persons
engaged on ad-hoc/daily
that there is an exception to the general
principles against ‘regularisation’ enunciated in Umadevi (3) [State of
Karnataka v. Umadevi ... made or
regularisation granted, but also because the decision itself permitted
regularisation in case of irregular appointments, the legislative enactment
granting such regularisation does
Supreme Court in Umadevi 's case
(supra). It is submitted that the Supreme Court in
Umadevi 's case (supra) has laid down that ... judgment:
"24. The Supreme Court in Umadevi was
essentially concerned with the question of
regularisation of persons, who were appointed on a
casual
considered for regularisation.
The fact that the employer has not undertaken
such exercise of regularisation within six
months of the decision in Umadevi ... examined that question and explained the
principle regarding regularisation as
enunciated in Umadevi 's case (supra). The
decision in that case summed
there is an exception to the general principles against "regularisation" enunciated in Umadevi (3), if the following conditions are fulfilled:
(i)The employee ... considered for regularisation. The fact that the employer has not undertaken such exercise of regularisation within six months of the decision in Umadevi
right in
giving direction that his regularisation
will be subject to the further orders
since the regularisation order itself
means that it was subject ... regularisation has now been
authoritatively determined by a
Constitution Bench judgment of this
Court in Secretary, State of
Karnataka and Ors. v. Umadevi
constitutional rights. Under this pretext, the Constitution Bench commenced its consideration in Umadevi Case. Thus, the very enumeration in the above paragraph is crystal clear ... Umadevi (1) [(2004) 7 SCC 132 : 2004 SCC (L&S) 935 : (2003) 9 Scale 187] . This Court noticed that in the matter of regularisation
