AMARKANT RAI versus STATE OF BIHAR & ORS.

AMARKANT RAI versus STATE OF BIHAR & ORS.

The appellant's appointment cannot be termed illegal but irregular, as he served for more than 29 years on a sanctioned post and was recommended for regularisation. The exception carved out in Umadevi applies, entitling regularisation retrospectively since the appellant meets all criteria for regularisation of irregular appointments.

Parties
Appellant: Amarkant Rai; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
13 March 2015
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal Against High Court Order
Outcome
Appeal allowed, High Court order set aside, regularisation granted.
Legal Topics
Regularisation of Service, Appointment on Daily Wages, University Employment, Irregular Appointment Vs Illegal Appointment
Labour Law Regularisation of Service Appointment on Daily Wages University Employment Irregular Appointment Vs Illegal Appointment

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Parties

Amarkant Rai

Appellant

State of Bihar & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal Against High Court Order

Legal Issues

  1. 1 Whether the appellant's appointment was irregular or illegal under Bihar State Universities Act, 1976
  2. 2 Whether appellant is entitled to regularisation after serving for more than 29 years
  3. 3 Applicability of exception carved out in Secretary, State of Karnataka v. Umadevi (3) for regularisation of irregular appointments

Ratio Decidendi

The appellant's appointment cannot be termed illegal but irregular, as he served for more than 29 years on a sanctioned post and was recommended for regularisation. The exception carved out in Umadevi applies, entitling regularisation retrospectively since the appellant meets all criteria for regularisation of irregular appointments.

Court Disposition

Appeal allowed, High Court order set aside, regularisation granted.

Orders

  • Authorities directed to notionally regularise appellant's services retrospectively w.e.f. 03.01.2002 or date of vacancy, whichever is later, without monetary benefit for that period.
  • Appellant entitled to monetary benefits from 01.01.2010.