Contractual employees of state Government were sacked after serving for 10-15 years..Went to CAT loose the case because of landmark judgment of Uma devi.Writ appeal is filed pending before the Divisional bench of High court for last 2 years adduced the grounds that theey have been singled out comparison to those who are already working there and joined later..State Government infuriated and issued termination order of employees who joined later. Hindustan engineering and labour front on behalf of the employees filed the CAT case and put stay on termination. Due to political influence the state Government pass the resolution and regularized all contractual employees in service
Now the issue about the fate of the contractual employees who has been discontinued from services as the matter is pending before the High court
1 If the writ is allowed then they will back into services but they may not be regaularised as decision of regaulrisation purely in the hands of the state Government?
2 Secondly, if they are back into services, the contractual employees who has joined later and regularized are placed senior to their rank, is not the violation of the fundamental rights of the contractual employees who has been discontinued?
3 In such circumstances, whether separate writ is maintainable for not considering the case of regularisation on the par with other regaulriased employees?