NARENDRA KUMAR TIWARI & ORS. Vs. STATE OF JHARKHAND & ORS.
LAWS(SC)-2018-8-2
SUPREME COURT OF INDIA (FROM: JHARKHAND)
Decided on August 01,2018

Narendra Kumar Tiwari And Ors. Appellant
VERSUS
State Of Jharkhand And Ors. Respondents

JUDGEMENT

MADAN B.LOKUR, J. - (1.) Leave granted.
(2.) These appeals arise out of the common judgment and order dated 17th November, 2016 passed by a Division Bench of the High Court of Jharkhand in a batch of writ petitions relating to the regularisation of daily wage or contract workers on different posts. The writ petitioners (now appellants) were denied the benefit of regularisation in view of the provisions of the Jharkhand Sarkar ke Adhinasth Aniyamit Rup se Niyukt Ewam Karyarat Karmiyo ki Sewa Niyamitikaran Niyamawali, 2015 (hereinafter referred to as the Regularisation Rules).
(3.) The admitted position is that the appellants are irregularly 15:47:00 IST Reason: appointed employees of the State Government. They sought regularisation of their status on the ground that they had put in more than 10 years of service and were therefore entitled to be regularised. The High Court took the view that the decision of the Constitution Bench of this Court in Secretary, State of Karnataka and Ors. v. Umadevi (3) and Ors., (2006) 4 SCC 1 did not permit their regularisation since they had not worked for 10 years on the cut-off date of 10th April, 2006 when the Constitution Bench rendered its decision. According to the High Court, the Regularisation Rules provided a one-time measure of regularisation of the services of irregularly appointed employees based on the cut-off date of 10 th April, 2006 in terms of the judgment of the Constitution Bench. Therefore, since the appellants had not put in 10 years of service they could not be regularised.;


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