Gainda Ram & Ors. Vs. M.C.D. & Ors.
EmailAppeal: Writ Petition (Civil) Nos. 534 & 1567 of 1987.
Petitioner: Gainda Ram & Ors.
Respondent: M.C.D. & Ors.
Apeal: Writ Petition (Civil) Nos. 534 & 1567 of 1987.
Judges: RANGANATH MISRA & MURARI MOHON DUTT,JJ.
Date of Judgment: Dec 03, 1987
Head Note:
SERVICE
Regularisation of service – Petitioners employed as Clinical Beldars in Municipal Corporation – 43 posts sanctioned for the entire year – Persons working as Clinical Beldars to be regularised against the 43 posts on the basis of total length of service – Those senior to the petitioners to get the preference.
JUDGEMENT:
O R D E R
1. Heard learned counsel for the parties. There are two writ petitions. In one writ petition the petitioners are eight in number and in the other their number is 12. These are Clinic Beldars in the employment of the respondent-Municipal Corporation. There is no dispute that there are 43 posts of Clinical Beldars which have been sanctioned for the entire year. Petitioners claim that they have been working as Clinic Beldars against such posts. In view of the fact that service is taken for the full year on regular basis for this class of Beldars, it stands apart from other Beldars and should be treated as a class by itself. We agree with the counsel for the petitioners that in this view of the matter they are entitled to regularisation. It is pointed out that in November,1987, there has been an order terminating the services of all the petitioners and thereafter some have been called back to service and others are still out of employment.
2. Learned counsel for the respondents points out that there are others similarly placed like the petitioners and if an order for regularisation is made, it should provide for regularisation giving preference to those who may be the seniormost among the lot. In these circumstances, persons working as Clinic Beldars be regularised against the 43 posts. We make it clear that such regularisation shall be on the basis of total length of service being taken into consideration. If there are others who are senior to the petitioners, they would be entitled to preference in the process of regularisation until the total number of 43 is exhausted and in case there is place to fill up, petitioners shall be regularised against the remaining posts. Those who are entitled to the benefit of the regularisation should have service benefits on the basis of the principle contained in the orders of this Court in W.P. Nos.840-41/1986. Counsel for the respondents wants reasonable time to complete the process. Six months’ time is allowed. Such of the petitioners who are regularised will be entitled to salary on the normal monthly basis.
Petitions allowed.
1. Heard learned counsel for the parties. There are two writ petitions. In one writ petition the petitioners are eight in number and in the other their number is 12. These are Clinic Beldars in the employment of the respondent-Municipal Corporation. There is no dispute that there are 43 posts of Clinical Beldars which have been sanctioned for the entire year. Petitioners claim that they have been working as Clinic Beldars against such posts. In view of the fact that service is taken for the full year on regular basis for this class of Beldars, it stands apart from other Beldars and should be treated as a class by itself. We agree with the counsel for the petitioners that in this view of the matter they are entitled to regularisation. It is pointed out that in November,1987, there has been an order terminating the services of all the petitioners and thereafter some have been called back to service and others are still out of employment.
2. Learned counsel for the respondents points out that there are others similarly placed like the petitioners and if an order for regularisation is made, it should provide for regularisation giving preference to those who may be the seniormost among the lot. In these circumstances, persons working as Clinic Beldars be regularised against the 43 posts. We make it clear that such regularisation shall be on the basis of total length of service being taken into consideration. If there are others who are senior to the petitioners, they would be entitled to preference in the process of regularisation until the total number of 43 is exhausted and in case there is place to fill up, petitioners shall be regularised against the remaining posts. Those who are entitled to the benefit of the regularisation should have service benefits on the basis of the principle contained in the orders of this Court in W.P. Nos.840-41/1986. Counsel for the respondents wants reasonable time to complete the process. Six months’ time is allowed. Such of the petitioners who are regularised will be entitled to salary on the normal monthly basis.
Petitions allowed.
