Mrs. Bimla Devi vs. The Chief Commissioner Of CGST And Cx And Ors.
Held
The Court held that the petitioner, having completed over 10 years of service by April 10, 2006 (the date of the Umadevi(3) judgment), was entitled to regularization. It directed her regularization with effect from April 10, 2006, along with all consequential benefits, emphasizing that the State cannot exploit labor and lack of formal application should not deny benefits to vulnerable individuals.
Facts
Mrs. Bimla Devi, a Safai Karmachari, sought regularization of her service, claiming to have worked since 1984 (or 1994 as per respondents) for the CGST & CX department. She relied on the 1993 regularization scheme and Supreme Court judgments on regularization of long-serving temporary employees. The respondents contended she did not meet the scheme's criteria and had not applied for regularization.
Key Issues
Whether a long-serving temporary Safai Karmachari was entitled to regularization of service based on government schemes and Supreme Court precedents (Umadevi(3) and Narendra Kumar Tiwari), particularly when she had not formally applied for such regularization.
AI-generated summary — verify with the full judgment below
THE HIGH COURT OF SIKKIM: GANGTOK (Civil Extra-Ordinary Jurisdiction)
----------------------------------------------------------------------------- SINGLE BENCH: THE HON’BLE MR. JUSTICE A. MUHAMED MUSTAQUE, CHIEF JUSTICE ---------------------------------------------------------------------------------
W.P. (C) 10 of 2023
Mrs. Bimla Devi, Wife of Mr. Ramesh Chandra, Resident of Chandmari, Gangtok, East Sikkim-737101. ... Petitioner Versus
The Chief Commissioner of CGST & CX, Kolkata Zone, GST Bhawan, 2nd Floor, 180 Shantipally, Rajdanga Main Road, Kolkata - 700107. 2. The Commissioner of CGST & CX, GST Bhawan, Haren Mukherjee Road, Hakimpara,
Siliguri- 734001. 3. The Assistant Commissioner of CGST & CX, Gangtok Division, Sikkim-737101. ... Respondents
---------------------------------------------------------------------------- Appearance: Ms. K.D. Bhutia, Ms. Subaksha Pradhan and Mr. Lhandup Dorjee Lepcha, Advocates for the Petitioner.
Ms. Sangita Pradhan, Deputy Solicitor General of India with Ms. Natasha Pradhan, Ms. Sittal Balmiki
The judgment continues below.
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