Two Decades Of Continuous Services Doesn't Give Right Of Regularization Unless Formal Recruitment Process Is Followed: J&K High Court
The Jammu and Kashmir High Court held that serving in a department for more than 20 years without following the due process of recruitment does not give the right to said employee to seek the regularization of services. He initially approached the Central Administrative Tribunal, Chandigarh Bench, seeking equal pay with regular Safai Karamcharis and the regularization of his service. The court held that the petitioner's initial appointment was not made through a formal recruitment process, making him ineligible for regularization under the Constitution Bench ruling in Secretary, State of Karnataka & Ors. The court also held that since the petitioner performed the same duties as regularly appointed Safai Karamcharis for over 20 years, he was entitled to receive equal pay for equal work.
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