CENTRAL WELFARE BOARD AND ORS. versus MS. ANJALI BEPARI AND ORS.

CENTRAL WELFARE BOARD AND ORS. versus MS. ANJALI BEPARI AND ORS.

Respondent to be continued in any other temporary scheme considering overall seniority, dispensing with services on last-come-first-go basis, and re-employment without requisitioning through employment exchange; regularisation only if regular posts are available according to seniority.

Parties
Petitioner: Central Welfare Board and Ors.; Respondent: Ms. Anjali Bepari and Ors.
Jurisdiction
India
Judgment Date
02 August 1996
Procedural Posture
Special Leave Petition (civil) / Disposal by Supreme Court
Outcome
Petition ordered
Legal Topics
Regularisation of Employee, Appointment Against Casual Vacancy, Seniority, Termination and Re Appointment
Service Law Regularisation of Employee Appointment Against Casual Vacancy Seniority Termination and Re Appointment

Case Brief

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Parties

Central Welfare Board and Ors.

Petitioner

Ms. Anjali Bepari and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Disposal by Supreme Court

Legal Issues

  1. 1 Whether an employee appointed against a casual vacancy is entitled to regularisation
  2. 2 Whether dispensing of services should be on last-come-first-go basis
  3. 3 Whether employees whose services have been dispensed with can be taken back without requisitioning through employment exchange

Ratio Decidendi

Respondent to be continued in any other temporary scheme considering overall seniority, dispensing with services on last-come-first-go basis, and re-employment without requisitioning through employment exchange; regularisation only if regular posts are available according to seniority.

Court Disposition

Petition ordered

Orders

  • Petitioners to continue respondent in any other temporary scheme, considering overall seniority
  • Dispensing services should be on last-come-first-go basis