regularisation of services recent judgment

Lawyer

Hon'ble SC has delivered an important judgment in context of ANDHRA PRADESH (REGULATION OF APPOINTMENTS TO PUBLIC SERVICES AND RATIONALISATION OF STAFF PATTERN AND PAY STRUCTURE) ACT, 1994

S.C says persons employed on daily wage basis or nominal muster roll or consolitdated pay or as contingent worker on full time basis in different departments of the Government of Andhra Pradesh and its agencies/ instrumentalities are not entitled to be regularised in service on completion of 5 years.

 

Sections 3, 4, 7 and 9 have been discussed.

 

the title of the case is:

 

A. Manjula Bhashini and ORs.

versus

The Managing Director, A.P. Women's Cooperative Finance Corporation Ltd. & Anr.

 

Civil Appeal No. 3702 of 2006

 

Decided on 06/07/2009


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The trend of judicial pronouncements indicates that concept of welfare legislation is now vanishing from service jurisprudence. Now contract has heavier weight than humanity.


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Advocate

Yes Dr. You are right.

 
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Mr soni's statement that " Law is day-by-day keeping increasing distance from justice" is very thoughtful.

 
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advocate

 The views all the learned advocates and friends are appreciable but i am totally agree with strict compliance of service jurisprudence and legal statndards to be adopted against the back door entry in the name of daily wager, contact etc.

increasing a fashion of contract labour in various field is also a kind of back door entry in the service sector and it also favoring corruptions inthe various departments of state Government and misusing of funds with the some powerful connections of the officers as well the political leaders and it should be also restricted by the Hon'ble Supreme Court . 

 
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I appeared for the interview and it was a regular post but the Director of the  Govt. autonomous intitute made it contract after my selection because I had satisfied the minimum norms as per the Medical council of India 's requirement and also as per the minimum norms required according to the notification. He wanted to recruit candidates with higher qualification and hence made it contract. The Hon'able High court has granted stay since the last 2 years saying my position must not be disturbed but at the end of 2 years the employer has recruited 2 candidates with higher qualification to fill up the existing vacancies. Please let me know whether I will get justice? And my petition is still pending.

Hari

 
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advocate

this is very much academic discussion about the  change of trend of the courts about the service jurisprudence , why casual and daily in the departments and why they continuing for the decades , if they are and doing the work ,giving the golden years of thier lives , needs the view of the courts in favour of regularisation but in  " UMA DEvi " case Supra has establshied a view overall against the employees appointed as such but there is nothing against the states and authorities who have done and continued in the name of daily wages and taken work from them by giving them very low wages for their mere subsistence ane existence only . "This a source of corruption in service section "  it was basis of judgement.This is a corruption but in the hands of welfare state not in the hands of individuals. Now the new trend is most corrupting way and to damagethe position of wealth nations in the hand of mediators and officers for their veted interest and it should be banned and the provisions of contract labour Act are not suffcient for this reforms.

 
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Thankyou, Mr Mishra for your Reply and opinion. I still hope something positive would happen in my case that is pending in the court.

Dr Srihari

 
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how many time savered jugement in hearning date for appointment metter

thanks

sk

 
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