A sweeper approached the High Court seeking regularization in employment after the Central Administrative Tribunal reaffirmed a ban on casual workers recruited after June 1988 and accepted his 1992 discontinuation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
24.WPNo.1322013(O)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE
WRIT PETITION NO. 132 OF 2013
Mr.Chandrakant Pandurang Jadhav, Age.47 Years, Occu. - Nil, R/o. 27/5, Nirale Vasti, Near Bagwat Pawar's Ration Shop, Solapur.
... Petitioner
V/s.
... Respondents
Mr.V.S.Deokar, Advocate for the Petitioner. None for the Respondents No.1 to 3.
CORAM :NARESH H.PATIL &
RAVINDRA V.GHUGE, JJ. DATE : 30TH JULY, 2014
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24.WPNo.1322013(O)
ORDER : (Per Ravindra V. Ghuge J.)
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24.WPNo.1322013(O)
31/08/2012. The contention of the petitioner is that he has been continuously working as an 'Sweeper' with the respondents and has completed 240 days in interrupted service in each calender year. He has ,therefore, prayed for regularization in employment.
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24.WPNo.1322013(O)
ban imposed on recruitment of Group D employees i.e. sweeper, Mali, Watchman etc. has not been challenged. The directives issued by the Ministry of Finance dated 30/03/1992 are in operation. Direct recruitment of candidates without the approval of the Government was prohibited. After a new contractor was engaged, the petitioner was discontinued and the said discontinuation is at the hands of the contractor. Change of status from a “Daily Wages Employee” into a “Contract Labourer” has been called in question after an inordinate delay.
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conclusion drawn by the C.A.T. in the impugned judgment. The petition is devoid of merit and therefore must fail.
(RAVINDRA V.GHUGE,J.)
(NARESH .H.PATIL, J.)
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3 issues framed by the court
Whether the petitioner is entitled to regularization in employment despite the ban on recruiting casual workers after 07/06/1988 and his discontinuation on 29/05/1992.
Whether the petitioner's discontinuation on 29/05/1992 challenged the ban imposed by the Ministry of Finance dated 30/03/1992 prohibiting continued employment of Group D employees.
Whether the conclusion drawn by the Central Administrative Tribunal dismissing the petitioner's application lacks error or perversity.
Chandrakant Pandurang Jadhav
The Union of India
NARESH H.PATIL
RAVINDRA V.GHUGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
