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Supreme Court of India 2022-03-24 allowed

The State of Gujarat and others vs R.J. Pathan and others

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

The State of Gujarat challenged a High Court order directing it to consider regularization and absorption of contractual drivers employed on a temporary post-earthquake reconstruction project. The Supreme Court held that principles requiring regularization of long-serving employees do not apply to temporary project appointments on fixed-term contracts. The Court distinguished prior decisions on irregular appointments in regular establishments, noting they do not extend to project-specific roles. It also found the High Court lacked jurisdiction to direct creation of supernumerary posts. The Court set aside the High Court's order and restored the Single Judge's dismissal of the petition, allowing the State's appeal."

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Labour Law Service Conditions Administrative Law Regularization of Services Temporary Employment Project-based Appointments Constitutional Law

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