SURENDRA PRASAD TIWARI versus UTTAR PRADESH RAJYA KRISHI UTPADAN MANDI PARISHAD AND ORS.

SURENDRA PRASAD TIWARI versus UTTAR PRADESH RAJYA KRISHI UTPADAN MANDI PARISHAD AND ORS.

Appointments made on contractual basis without adherence to the procedure under Articles 14, 16 and relevant rules do not confer a right to regularisation even if services are continued due to interim judicial orders.

Parties
Appellant: Surendra Prasad Tiwari; Respondents: Uttar Pradesh Rajya Krishi Utpadan Mandi Parishad and Ors.
Jurisdiction
India
Judgment Date
08 September 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Public Employment, Regularisation, Contractual Appointment, Equality of Opportunity
Constitutional Law Employment Law Public Employment Regularisation Contractual Appointment Equality of Opportunity

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Parties

Surendra Prasad Tiwari

Appellant

Uttar Pradesh Rajya Krishi Utpadan Mandi Parishad and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether continued contractual engagement confers right to regularisation of service
  2. 2 Whether interim order continuation entitles regularisation
  3. 3 Whether engagement of employee on contract amounts to unfair labour practice

Ratio Decidendi

Appointments made on contractual basis without adherence to the procedure under Articles 14, 16 and relevant rules do not confer a right to regularisation even if services are continued due to interim judicial orders.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; parties to bear their own costs