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Supreme Court of India 2021-10-07 allowed

UNION OF INDIA & ORS vs ILMO DEVI & ANR

Bench: 2 — M.R. Shah, A.S. Bopanna

In Brief

The Union of India challenged a High Court judgment directing it to reformulate a regularization policy and sanction posts for part-time sweepers with 20+ years of service. The Supreme Court held that part-time employees working without sanctioned posts cannot claim regularization as a matter of right, and that courts cannot mandate policy formulation or post creation—these are executive prerogatives. However, the Court did not overturn the direction granting minimum basic pay to those with 20 years' service, having already indicated during notice it would not interfere with that aspect. The appeals were allowed, quashing directions to reformulate policy and sanction posts, but the salary direction was left intact for the respondents' benefit.

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Constitutional Law Administrative Law Judicial Review Civil Service Law Labour Law Regularization and Absorption of Employees Mandamus Part-time Employment Service Conditions Government Employment

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