Om Prakash Banerjee vs The State of West Bengal & Ors.

Court

Supreme Court of India

Date

19 May 2023

Case No.

Civil Appeal No. 4210 of 2023

Result

Allowed

Bench

Krishna Murari, Sanjay Karol

Citation

[2023] 10 S.C.R. 427 : 2023 INSC 567

Headnote

Service Law – Regularisation of service – Denial of – Held: Non-regularisation of the services of the appellant is a violation of the fundamental rights of equality before law and equality of opportunity in matters relating to employment under the State, as enshrined u/Articles 14 and 16(1) – 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 were granted the said benefit – Appellant entitled to receive back wages and benefits from 1991 with 10% interest – Judgment of the High Court set aside – Constitution of India – Articles 14, 16 – Principles of Natural Justice.

Secretary, State of Karnataka vs Umadevi (2006) 4 SCC

1 : [2006] 3 SCR 953 – held inapplicable.

UP SEB vs Pooran Chandra Pandey (2007) 11 SCC

92 : [2007] 10 SCR 920 – relied on.

Surjeet Singh Sahni vs State of U.P. & Ors. 2022 SCC OnLine SC 249; Union of India v. Vartak Labour Union (2011) 4 SCC 200: [2011] 4 SCR 509 – referred to.

The Judgment of the Court was delivered by KRISHNA MURARI, J. Leave granted. 2. The present appeal is directed against the judgment and final order dated 10.12.2019 passed by the High Court of Judicature at Calcutta (hereinafter referred to as ‘High Court’) in MAT No. 611 of 2018 and CAN No. 10038/2018filed by the Appellant herein against the order dated 04.05.2018 passed by a Single Judge of the High Court in Writ Petition No. 31399 (W) of 2017, seeking regularisation of service. 3. The High Court dismissed MAT No. 611 of 2018 and CAN No. 10038/2018 filed by the Appellant herein. BRIEF F

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