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Issues involved: Challenge to order passed by Division Bench of Madhya Pradesh High Court regarding regularization of services u/s 19 of Administrative Tribunals' Act, 1985.
Details of the Judgment: The appeal challenged an order passed by a Division Bench of the Madhya Pradesh High Court regarding the regularization of services sought by the respondents under Section 19 of the Administrative Tribunals' Act, 1985. The respondents, Data Entry Operators, sought regularization based on long rendition of service. The appellants contended that the respondents were not departmental employees and their grievances could not be raised before the Central Administrative Tribunal (CAT). The CAT directed consideration of cases for appointment on a regular basis, which was challenged in the High Court through a writ petition that was dismissed. The appeal argued that the High Court's decision contradicted the law laid down by the Constitution Bench in a specific case. The respondents, however, supported the CAT's reliance on a previous judgment. The issue of regularization based on long service was extensively discussed in the specific case referred to. The judgment highlighted that temporary or casual employment does not automatically lead to permanent status, emphasizing the importance of following proper procedures for selection and appointment. The theory of legitimate expectation was deemed inapplicable to temporary, contractual, or casual employees seeking permanent status. Considering the principles established in the specific case, the matter was remitted back to the High Court for fresh consideration in light of the decision. The appeal was allowed to this extent with no costs imposed.
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