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Swami Sadashiva Brahmendra Sar (Nil)     18 May 2009

Regularisation - Supreme Cout's view

a ld member recently asked latest case law and another ld member sought advise on regularisation. it is submitted that constitution bench decision in uma devi 's case is being followed by the indian courts. latest case decided on 6/5/9 is state of MP v. Mhd Ibrahim where the SC held that: For the purpose of legal and valid

recruitment, the provisions of the recruitment rules are required to be

complied with. An appointment through side door being an appointment in

violation of Articles 14 and 16 of the Constitution of India would be illegal.

It has been so held by a Constitution Bench of this Court in Secretary, State

of Karnataka and Others v. Umadevi (3) and Others [(2006) 4 SCC 1] [See

also Official Liquidator v. Dayanand and Others (2008) 10 SCC 1, State of

Bihar v. Upendra Narayan Singh & Others, 2009 (4) SCALE 282.

 

 



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 2 Replies

Amit (Admin)     12 October 2010

Yes, u r rite. However, it also ruled that irregular, (and not illegal),  appointments existing for more than 10 years may be regularised. In this regard, pl clarify whether appointment made against reserved post could be regularised if dereservation is permissible but prescribed procedure was not followed ? - Amit

sachin_2078 (Proj. Asst.)     14 October 2010

sir please refer to my case,

https://www.lawyersclubindia.com/forum/regularisation-on-contract-basis-25489.asp

sir even thogh the posts were approved in 2007 i have been kept on contract basis. I am not even paid as per approved posts. And now they say the post is categorised as OBC.

sir please help


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