SANDHYA versus STATE OF MAHARASHTRA & ORS.

SANDHYA versus STATE OF MAHARASHTRA & ORS.

Setting aside an order of termination by the Tribunal means the employee shall be deemed to be continued in service even on the date of Government Resolution, making the appellant eligible for regularisation.

Parties
Appellant: Sandhya; Respondent: State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
01 July 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; High Court judgment set aside
Legal Topics
Regularisation, Termination of Service
Service Law Regularisation Termination of Service

Case Brief

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Parties

Sandhya

Appellant

State of Maharashtra & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the appellant was entitled to regularisation of service under Government Resolution dated 10th March, 2005 despite being terminated prior to its issuance

Ratio Decidendi

Setting aside an order of termination by the Tribunal means the employee shall be deemed to be continued in service even on the date of Government Resolution, making the appellant eligible for regularisation.

Court Disposition

Appeal allowed; High Court judgment set aside

Orders

  • Respondents are directed to regularize the services of the appellant with retrospective effect within two months from receipt of copy of this judgment