#regularization of service

The Gauhati High Court has ruled that a casual appointment made under a compassionate employment scheme cannot remain temporary if the applicant fulfills all policy conditions. Denying regularization defeats the humanitarian intent of the scheme and amounts to arbitrary discrimination under Article 14, entitling the beneficiary to immediate regularization with all consequential benefits.

The Gauhati High Court has ruled that full-time, exclusive commission-based service in the Assam Registration Department qualifies as pensionable service under the Assam Services Pension Rules, 1969, once regularized by the state. This sets a critical precedent for thousands of temporary government workers across Assam who served on commission before formal appointment, entitling them to old pension scheme benefits.

The Allahabad High Court has ruled that service rendered as a daily wager must be included in gratuity calculations once the employee is regularized, aligning with the Supreme Court’s holding in Netram Sahu. This decision protects thousands of informal workers whose long-term service was previously disregarded, reinforcing that regularization erases the distinction between temporary and permanent tenure for statutory benefits.

CAT Ernakulam rules that once a suspension order is quashed and not revived, the period of unauthorized absence must be treated as duty for pension and service benefits. The ruling reinforces that disciplinary proceedings, if invalidated, cannot deprive employees of retiral dues, setting a precedent for service law disputes involving government servants.