9911796707
TMI Blog2024 (4) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... legal but merely irregular. HELD THAT:- It is not dispute at the Bar by learned counsel for employer that the petitioners are equally situated as Ravi Verma Ors [supra] for having completed more than 10 years of casual/daily wage services on the date 10.04.2006 when decision in Uma Devi was pronounced by Apex Court [ 2006 (4) TMI 456 - SUPREME COURT] . It is also not disputed by the learned counsel for employer that the petitioners herein were also appointed in similar manner as the case of Ravi Verma Ors. and thus their appointments were not illegal but merely irregular and, therefore this Court is of the considered view that the benefit flowing from the decision of Uma Devi specially the directions in paragraph 53 of the said judgment squ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of India rendered by Apex Court on 13.03.2018. Pertinently the said decision in Ravi Verma arose out of rejection of OA No.1133/2011 (Ravi Verma 5 Ors. Vs. Union of India Ors.) which was decided by common order dated 11.10.2013 along with other OAs including that of petitioners, which is also assailed herein. 4. It is not dispute at the Bar by learned counsel for employer that the petitioners are equally situated as Ravi Verma Ors. in OA No.1133/2011 for having completed more than 10 years of casual/daily wage services on the date 10.04.2006 when decision in Uma Devi was pronounced by Apex Court. It is also not disputed by the learned counsel for employer that the petitioners herein were also appointed in similar manner as the case of Rav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alities should take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularization, if any already made, but not sub-judice, need not be reopened based on this judgment, but there should be no further by- passing of the constitutional requirement and regularizing or making permanent, thos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court reveal that even in Ravi Verma and Ors. had merely been recommended for grant of temporary status but there is nothing on record to indicate that they had actually acquired temporary status. 8. More so, the period of 10 years which was pre-requisite for consideration for regularization as one time measure vide para 53 of Apex Court decision in Uma Devi, has been completed by all the petitioners herein. Therefore, the case of the petitioners is identical to the case of Ravi Verma and Ors. Accordingly, the objection raised by Shri Gopi Chourasia - Advocate on behalf of appellant stands rejected. 9. Consequently, the present petition stands allowed in the following terms : 1. The order dated 11.10.2013 passed in OA No.964 of 2011 is set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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