STATE ELECTRICITY BOARD versus POORAN CHANDRA PANDEY AND ORS.

STATE ELECTRICITY BOARD versus POORAN CHANDRA PANDEY AND ORS.

Employees of the erstwhile Society, absorbed by the U.P. Electricity Board in the same manner and position as its existing daily wage employees, are entitled to regularization from the date of their original appointment in the Society if appointed before 4.5.1990, pursuant to Article 14, the Board's order dated 28.11.1996, and in view of reasonableness and non-arbitrariness required by the Constitution; application of Secretary, State of Karnataka v. Uma Devi must be done in conformity with Article 14 and with attention to factual context.

Parties
Appellant: U.P. State Electricity Board; Respondents: Pooran Chandra Pandey and Ors.
Jurisdiction
India
Judgment Date
09 October 2007
Procedural Posture
Civil Appeal / Appeal Against Judgment and Final Order Dated 3.1.2000 of the High Court of Judicature at Allahabad, Lucknow Bench in Special Appeal No. 364 (sb) of 1998
Outcome
Appeal dismissed
Legal Topics
Regularization of Daily Wage Employees, Reasonableness and Non Arbitrariness Under Article 14, Absorption and Continuity of Service, Application of Precedent
Service Law Constitutional Law Regularization of Daily Wage Employees Reasonableness and Non Arbitrariness Under Article 14 Absorption and Continuity of Service Application of Precedent

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Parties

U.P. State Electricity Board

Appellant

Pooran Chandra Pandey and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Judgment and Final Order Dated 3.1.2000 of the High Court of Judicature at Allahabad, Lucknow Bench in Special Appeal No. 364 (sb) of 1998

Legal Issues

  1. 1 Whether daily wage employees of an erstwhile Co-operative Electric Supply Society, taken over by the U.P. State Electricity Board, are entitled to regularization as per the Board's policy dated 28.11.1996
  2. 2 Whether denying regularization to such employees violates Article 14 of the Constitution

Ratio Decidendi

Employees of the erstwhile Society, absorbed by the U.P. Electricity Board in the same manner and position as its existing daily wage employees, are entitled to regularization from the date of their original appointment in the Society if appointed before 4.5.1990, pursuant to Article 14, the Board's order dated 28.11.1996, and in view of reasonableness and non-arbitrariness required by the Constitution; application of Secretary, State of Karnataka v. Uma Devi must be done in conformity with Article 14 and with attention to factual context.

Court Disposition

Appeal dismissed

Orders

  • The writ petitioners are to be deemed appointed in the service of U.P. State Electricity Board from the date of their original appointment in the Society.
  • They are entitled to the benefit of regularization as per Board's order dated 28.11.1996.