In this post, we will discuss about the news where the High Court dismisses the regularization plea of Chandigarh MC Employees.
Facts of the case: A plea was filed by Shinu Gupta and others where they demanded that the UT administration be directed to frame a policy for regularization of the contractual employees. The petitioners also demanded that the recruitment process for 41 additional posts be scrapped and they be appointed instead since they had been working for 13-15 years now. They also demanded that a policy should be there to regularize contractual employees who were working against sanctioned posts for a period of more than 10 years. The court was also told that at one stage, the MC had considered framing a policy of its own on the issue of regularization.
Legal Issue: The reason for dismissal of the regularization plea of Chandigarh MC Employees.
Decision of High Court: The bench of justice Anil Kshetarpal said that from the plea it was not clear whether the petitioners were ever appointed after inviting the applications and after giving opportunity to others to apply. It also took note of the 2006 apex court judgment wherein it was said that directions on regularization of services of temporary employees or daily wagers should not be ordinarily issued. As of MC’s proposal for a policy on regularization, the court said it had neither been adopted nor approved and the Chandigarh administration had not granted permission to the MC to notify such a policy. To the argument that the petitioners were now being sought to be replaced by another set of temporary employees, which wasn’t permitted, the court observed that the March 2021 notice for recruitment of eligible candidates gives indication that the posts are likely to be regularized. Thus, the court said while dismissing the plea that the eligible candidates will have the opportunity to apply and compete, which is in accordance with the requirement of the Constitution of India.
Conclusion: It is concluded that while dismissing the plea the High Court said that the eligible candidates will have the opportunity to apply and compete, which is in accordance with the requirement of the Constitution of India.
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