RAM LAL DEWASI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-4-183
HIGH COURT OF RAJASTHAN
Decided on April 16,2014

Ram Lal Dewasi Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Gopal Krishan Vyas, J. - (1.) IN this writ petition, petitioners are claiming regularization on their respective posts on the ground that they are working from last more than 10 to 20 years in the Ganganagar Sugar Mills Limited but their services are not regularized even though they are performing their duties with satisfactory on their respective posts. The Constitution Bench of Hon'ble Supreme Court in case of in case of Secretary, State of Karnataka vs. Uma Devi, reported in : (2006) 4 SCC 1 held in para 53 that case of those employees worked from last more than 10 years should be considered for regularization if their appointments were irregular. In the said judgment following directions were issued in para 53 which reads as under: - "One aspect needs to be clarified. There may be cases of irregular appointments (not illegal appointments) as explained in S.V. NARAYANAPPA, R.N. NANJUNDAPPA and B.N. NAGARAJAN and referred to in para 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of the courts or of tribunals. The question of regularization of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within a six months from this date. We also clarify that regularization, if any already made, but not sub -judice, need not be reopened based on this judgment, but there should be no further by -passing of the constitutional requirement and regularizing or making permanent, those not duly appointed as per the constitutional scheme."
(2.) In view of above, this writ petition is hereby disposed of with direction to the respondents. The Ganganagar Sugar Mills Limited to consider the case of petitioners for regularization of their services in the light of aforesaid directions issued by the Constitution Bench of Hon'ble Supreme Court in case of Uma Devi (supra) within a period of three months from the date of receiving certified copy of this order while taking into consideration their qualification and eligibility for the post in question.;


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