Jharkhand State Forest Development Corporation Limited v. Ashok Kumar Tiwari
Case brief
What is this about?
Regularization of terminated daily-wage/seasonal workers (Kendu leaves trade, engaged 1987-88) of Bihar State Forest Development Corporation/JSFDC; termination dated 22.03.2003 upheld up to the Supreme Court; no regularization of separated/terminated employees without first setting aside termination and reinstatement; Article 226 - direction to consider, not command to regularize; appointment against sanctioned post is sine qua non (Uma Devi (3) para 53; Jharkhand Rule 2015; Narendra Kumar Tiwari); pay scale, pay revision, confirmation and seniority list cannot prove a sanctioned post; Jaggo (2024 SCC OnLine SC 3826) distinguished; LPAs by JSFDC allowed, Single Judge judgment dated 15.12.2023 quashed, writ petitions dismissed.
What did the court decide?
All the Letters Patent Appeals allowed; the impugned common order/judgment dated 15.12.2023 passed in W.P.(S) No.4561 of 2016, W.P.(S) No.6127 of 2011, W.P.(S) No.1374 of 2017, W.P.(S) No.1939 of 2017, W.P.(S) No.2257 of 2017, W.P.(S) No.6387 of 2017 and W.P.(S) No.6496 of 2017 quashed and set aside; in consequence, the writ petitions dismissed; pending interlocutory applications disposed of.