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Skill Test for Continuesly working Driver is not to be conducted while regularization

Raj Kumar Makkad ,
  26 July 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Recruitment Rules for the post of Drivers in Delhi Administration - Regular Appointment - Direction of Central Administrative Tribunal (CAT) to consider regular appointment as per law subject to availability of regular vacancies and without insisting upon their clearing the skill test again - Sustainability thereof challenged.
Citation :
Government of NCT of Delhi and Ors. v. Mahavir Singh and Anr., Decided on 12.07.2010 Recruitment Rules for the post of Drivers in Delhi Administration - Regular Appointment - Direction of Central Administrative Tribunal (CAT) to consider regular appointment as per law subject to availability of regular vacancies and without insisting upon their clearing the skill test again - Sustainability thereof challenged.

A person who has undergone a skill test, one of the requirements for regularization and who is continuously working as driver since he cleared the test, may be on adhoc basis, becomes eligible for regularization once vacancy arises. Whereas a person who though qualified a skill test but was not working continuously as driver would stand on a different footing and could not claim the benefit of undergoing a skill test at the time of his selection for adhoc appointment. The writ petition disposed of with a direction that the Petitioners in the instant case will consider the case of regularization of both the Respondents without insisting for skill test so far as the first Respondent is concerned. However, as far as the second Respondent is concerned he would be regularized subject to his undergoing a skill test.

 

 
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Published in Labour & Service Law
Views : 1072




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