Sabyasachi Ghosh (DEO B) 15 September 2017

Retrospective regularisation

Whether a contract appointment in central government, as per rule( of regular appointment) with pay scale and annual increment continued for 20 years uninterruptedly in a sanctioned vacant post can be regularised from the date of appointment?
Please, provide some link of the case references (HC/SC only).

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11 Replies

Sudhir Kumar, Advocate (Advocate) 21 September 2017

Not at all.

rather there are court judgements against such regularisation even from current date.

Sabyasachi Ghosh (DEO B) 22 September 2017

Thanks. Regularisation was done 3 years ago. As the retrospective effect was not given, we are in the HC Calcutta. Want some cases can be relayed upon.

Sabyasachi Ghosh (DEO B) 22 September 2017

Thanks. Regularisation was done 3 years ago. As the retrospective effect was not given, we are in the HC Calcutta. Want some cases can be relayed upon.

Sabyasachi Ghosh (DEO B) 22 September 2017

Thanks. Regularisation was done 3 years ago. As the retrospective effect was not given, we are in the HC Calcutta. Want some cases can be relayed upon.

Sabyasachi Ghosh (DEO B) 22 September 2017

Thanks. Regularisation was done 3 years ago. As the retrospective effect was not given, we are in the HC Calcutta. Want some cases can be relayed upon.

Sabyasachi Ghosh (DEO B) 22 September 2017

sorry for the repeated reply.

Sudhir Kumar, Advocate (Advocate) 23 September 2017

Deptt has already been magnanimous. They have not taken shelter behind Supreme Court judgement forbidding such regularisation.

Sabyasachi Ghosh (DEO B) 23 September 2017

We are registered by supreme Court order. It was passed by the court observing the exception of Umadevi. She was appointed irregularly. Our appointment, thought termed as contract, was regular in nature. That is why, we are expecting retrospective regularisation.

Sabyasachi Ghosh (DEO B) 23 September 2017

we are regularized by SC order.

Sudhir Kumar, Advocate (Advocate) 23 September 2017

what prevented you from intimating the fact that you were regularised by Supreme Court order.

Does that order allow your retrospective regularisation.

Sabyasachi Ghosh (DEO B) 23 September 2017

SC upheld CAT order of regularisation. CAT allowed us to file a new case for retrospective effect and ordered regularisation from that date when 10 years was completed. We are challenging for ret reg in the HC.

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