Service Matters -Employee cannot be denied the benefit of regularisation of services when his similarly placed fellow employees are granted benefits.-Hon'ble Supreme Court
July 20, 2023
Case Title: Om Prakash Banerjee v. State of West Bengal (SC). Case Details: Civil Appeal No. 4210 of 2023(Arising out of Special Leave Petition (C) No. 5726 of 2020). Date of Decision:19.05.2023. Court: Hon'ble Supreme Court of India. Subject Matter : Regularisation of service.
Hon'ble Supreme Court of India has held that "At the outset, we would like to state that this a case of gross violation of Articles 14 and 16 of the Constitution....."PARA 22.
"The principles of natural justice, too, demand that the Appellant cannot be denied the benefit of the regularisation of services when his similarly placed fellow employees have been granted the said benefit-PARA 27.
" Therefore, we do not agree with the view taken in the impugned judgment of the High Court as well as by the learned Single Judge in Writ Petition No. 31399 (W) of 2017. The Appellant herein, in our considered opinion, is entitled to receive back wages and benefits from 1991, along with an interest of 10 %.-PARA 28.
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