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Supreme Court of India 2019-12-13 allowed

RAJNISH KUMAR MISHRA vs THE STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF LAW

Bench: 3 — S.A. Bobde, B.R. Gavai, Surya Kant

In Brief

Ad-hoc appointed judicial employees challenged the cancellation of their regularization orders by a successor District Judge. The Supreme Court held that employees appointed before 31 December 2001 who completed 10 years of continuous service are entitled to one-time regularization as per the Umadevi principle. The Court found that the successor officer violated natural justice by cancelling the regularization without hearing the employees. Relying on parity with similarly situated employees (Sheo Narain Nagar case) and amended rules establishing the cut-off date, the Court allowed the appeal, reinstated the original regularization order, and directed reinstatement with continuity of service, though excluding back wages for the unemployment period.

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Administrative Law Employment Law Regularization of Ad-hoc Appointments Judicial Officers Natural Justice Civil Service

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