Case Note & Summary
The dispute arose from the termination of services of the appellants, who were appointed on an adhoc basis in the Ambedkar Nagar Judgeship. Initially appointed between 1999 and 2001, their services were extended multiple times. In 2001, an advertisement for direct recruitment led to the appellants filing writ petitions, which resulted in an interim order allowing them to continue in service. A committee recommended their regularization in 2012, which was initially granted but later annulled by a successor District Judge in 2014. The appellants challenged this annulment in the High Court, which dismissed their petitions and imposed costs. The Supreme Court, upon reviewing the case, found that the regularization was valid and that the appellants were entitled to reinstatement without back wages. The court emphasized the violation of natural justice principles in the annulment process and upheld the earlier regularization order, quashing the subsequent termination and annulment orders.
Headnote
A) Employment Law - Regularization of Services - Entitlement to Regularization - Uttar Pradesh Regularization of Adhoc Appointment (On Post within the purview of the Public Service Commission) Rules, 1979 - The court held that the appellants, having served for over 10 years, were entitled to regularization under the exception provided in the case of Umadevi, and the orders of termination and annulment of regularization were quashed (Paras 19-20).
Issue of Consideration
Whether the appellants were entitled to regularization of their services and whether the orders passed by the District Judge were valid.
Final Decision
The Supreme Court allowed the appeals, quashed the orders of the High Court and the District Judge, upheld the regularization order from 01.06.2012, and directed reinstatement without back wages.
Law Points
- Regularization of services
- principles of natural justice
- interim orders
- cutoff date for regularization
- onetime measure for regularization
Case Details
2019 LawText (SC) (12) 203
Civil Appeal Nos. 9413-9414 of 2019
S.A. Bobde, B.R. Gavai, Surya Kant
Kamini Jaiswal, S.R. Singh
Rajnish Kumar Mishra & Ors.
State of Uttar Pradesh & Ors.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Challenge to the termination of services and annulment of regularization orders.
Remedy Sought
Appellants sought reinstatement and regularization of their services.
Filing Reason
Termination of services and annulment of regularization by the District Judge.
Previous Decisions
Writ petitions dismissed by the High Court, which upheld the annulment of regularization.
Issues
Entitlement to regularization of services
Validity of annulment of regularization orders
Submissions/Arguments
Appellants argued that their regularization was valid and based on a committee's recommendation.
Respondents contended that the regularization was collusive and should be annulled.
Ratio Decidendi
The court emphasized the need for adherence to principles of natural justice and recognized the entitlement of employees for regularization under the exception in Umadevi for those with over 10 years of service.
Judgment Excerpts
The appeals are allowed; the Judgement and order dated 14.09.2017 passed by the Single Judge of the High Court of Allahabad in Writ Petition No.4813(S/S) of 2014 and Writ Petition No.5530(S/S) of 2014 as well as Division Bench of the said High Court dated 09.07.2018 in Special Appeal No.440 of 2017 and in Special Appeal No.444 of 2017 are quashed and set aside.
The order dated 9.11.2012 passed by the District Judge, Ambedkar Nagar regularizing the services of appellants with effect from 01.06.2012 is upheld.
Procedural History
The appellants were initially appointed on adhoc basis, filed writ petitions against cancellation of selection process, received interim orders to continue service, were regularized in 2012, had their regularization annulled in 2014, and subsequently challenged these orders in the High Court and then in the Supreme Court.
Acts & Sections
- Uttar Pradesh Regularization of Adhoc Appointment (On Post within the purview of the Public Service Commission) Rules:
- Uttar Pradesh Regularization of Persons Working on daily wages or on work charge or on contract in government department on group ‘C’ and group ‘D’ posts:
