A daily rated employee cannot claim regularization of employment when his/her initial appointment was not done by the competent authority and there existed no sanctioned post in which the daily rated employee was working, the Division Bench of Justices S Ravindra Bhat and Sudhanshu Dhulia held on the 8th of this month. These two conditions were clearly missing in the case of the present appellant. The Division Bench of the High Court therefore has to our mind rightly allowed the appeal and set aside the order dated 27.06.2019, the bench ruled in the case of Vibhuti Shankar Pandey vs. State of Madhya Pradesh and Others.

The Supreme Court said that as per its decision in Secretary, State of Karnataka v. Uma Devi and Others (2006), there are two pre-conditions that are to be fulfilled in order to claim regularization of employment, which are: -  initial appointment must be done by the competent authority; and - there must be a sanctioned post on which the daily rated employee must be working. Both of the above conditions were missing as far as the case before it was concerned, the Court found holding that there was no scope for interference with the order of the Division Bench of the Madhya Pradesh High Court and dismissed the appeal.

For complete judgment please click VIBHUTI SHANKAR PANDEY    Vs THE STATE OF MADHYA PRADESH & ORS.F SLP (C) NO. 10519 OF 2020