Denying Regularization From Correct Date By Making Distinction Based On Initial Nature Of Work Arbitrary, Violates Art. 14, 16: Rajasthan HC
2 months, 1 week ago

Denying Regularization From Correct Date By Making Distinction Based On Initial Nature Of Work Arbitrary, Violates Art. 14, 16: Rajasthan HC

Live Law  

The Jodhpur bench of Rajasthan High Court quashed the State government's order, which did not regularize a man on the ground that his initial work on daily wages was different from his counterparts, terming the consideration as “irrelevant” and the actions of the State as discriminatory and violative of Articles 14 and 16. Their argument that the petitioner's initial work on daily wages differs is irrelevant once the conditions for regularization were fulfilled. Denying regularization from the correct date infringes on the petitioner's rights to equal pay for equal work and protection under Articles 14 and 16 of the Constitution, which ensure equality before the law and prohibit discrimination in employment”. Furthermore, the Court also observed that regularization of the petitioner from the year 1989 had been ordered by the Court by allowing petitioner's earlier writ petition in 2003, and failing to implement the same by the State amounted to undermining administrative propriety.

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History of this topic

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem
2 months, 1 week ago

Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The …

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court
2 months, 3 weeks ago

Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court

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A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. But later on RFC issued a separate order dated 28.08.2015 denying the payment of annual grade increments as well as arrears …

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court
4 months, 1 week ago

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court

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Rajasthan High Court has ruled that Rajasthan Government's decision to grant bonus marks in teacher selection exam to those opting for posting in the districts in which they were currently posted in government employment was not only against the statutory rules but also violative of Articles 14, 15 and 16 of the Constitution of India. “The offending part of Condition …

"Even Equity Has To Be Claimed At Right Juncture": Rajasthan HC Dismisses Employee's Plea Citing 40 Yrs Delay
2 years, 5 months ago

"Even Equity Has To Be Claimed At Right Juncture": Rajasthan HC Dismisses Employee's Plea Citing 40 Yrs Delay

Live Law  

The Rajasthan High Court has dismissed an employee's writ petition, which was filed with a delay of more than 40 years, seeking pay scale No. "Even equity has to be claimed at the right juncture and not after expiry of reasonable time," the court said. On completion of 15 years of continuous satisfactory services, as Helper-II, the petitioner was given …

Continued Employment In Public Service Projects For Several Years Creates Rights On Employees: Madras HC Directs State To Frame Regularization Scheme
2 years, 10 months ago

Continued Employment In Public Service Projects For Several Years Creates Rights On Employees: Madras HC Directs State To Frame Regularization Scheme

Live Law  

The Madras High Court has recently held that when a competent authority/government makes an appointment to an unsanctioned post and when the employee has been engaged in such public service project for long years, the Government cannot turn a blind eye to these employees and say that they have no right for regularisation. The court also directed the State Government …

No Parity Can Be Claimed Based On Regularization Of Services Made In Earlier Years : Supreme Court
3 years ago

No Parity Can Be Claimed Based On Regularization Of Services Made In Earlier Years : Supreme Court

Live Law  

The Supreme Court observed that the date from which regularization of services has to be granted is is a prerogative of the employer and that no parity can be claimed based on regularization made in respect of earlier years.Some employees of Ajmer Vidhyut Vitran Nigam Ltd. approached the Rajasthan High Court seeking regular pay scale with effect from 01.04.1983 instead …

Negative Discrimination Can't Be Claimed Under Articles 14 & 16 Referring To Persons Erroneously Regularized: Supreme Court
3 years, 3 months ago

Negative Discrimination Can't Be Claimed Under Articles 14 & 16 Referring To Persons Erroneously Regularized: Supreme Court

Live Law  

While considering a special leave petition assailing Jharkhand High Court's order with regards to claim for regularisation, the Supreme Court has observed that one cannot claim negative discrimination qua the persons who have been erroneously granted the benefit of regularisation under Articles 14 and 16 of the Constitution.The bench of Justices Ajay Rastogi and AS Oka remarked that, "We do. …

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