Case Note & Summary
The petitioner, Liladhar Haribhai Borad, was appointed as a fixed pay employee in the Water Works Department of Junagadh Municipal Corporation on 11/05/2000 at a fixed salary of Rs.2,000/-. His service was renewed periodically. The Corporation later regularized his services but only from 01/01/2017, not from his initial appointment date. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the respondent to regularize his service from the date of initial appointment with all consequential benefits. The court considered the short controversy regarding the cut-off date for regularization. The petitioner argued that since he had been continuously serving since 2000, regularization should be from the initial appointment. The respondent contended that the cut-off date was fixed as per policy. The court analyzed that the petitioner had worked continuously without any break and that the cut-off date of 01/01/2017 was arbitrary and not justified. The court held that the petitioner was entitled to regularization from the date of his initial appointment, i.e., 11/05/2000, and directed the respondent to issue revised orders granting regularization from that date with all consequential service and monetary benefits. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Regularization - Fixed Pay Employee - The petitioner, appointed on fixed pay in 2000, sought regularization from initial appointment date instead of cut-off date 01/01/2017 granted by the Corporation - Court held that regularization must be from the date of initial appointment as the employee continued in service without break and the cut-off date was arbitrary - Held that the respondent's order granting regularization from 01/01/2017 was unsustainable (Paras 3-6).
Issue of Consideration
Whether the petitioner, a fixed pay employee appointed on 11/05/2000, is entitled to regularization of his services from the date of his initial appointment or only from 01/01/2017 as granted by the respondent Corporation.
Final Decision
The petition is allowed. The respondent is directed to regularize the services of the petitioner from the date of his initial appointment i.e. 11/05/2000 and to grant all consequential service and monetary benefits. The order of the respondent granting regularization from 01/01/2017 is set aside. Rule made absolute. No order as to costs.
Law Points
- Regularization of service
- fixed pay employee
- daily wager
- initial appointment date
- cut-off date
- Article 226
- Constitution of India
- Gujarat Municipal Service Regulations
