Umesh Kumar and Ors v. University of Delhi and Ors

Delhi High Court · 02 Sep 2013 · 2013:DHC:7091
Valmiki J. Mehta
W.P.(C) 7284/2012 and W.P.(C) 7525/2012
2013 DHC 7091
administrative appeal_dismissed

AI Summary

The Delhi High Court dismissed writ petitions seeking regularization of contract workers, holding that courts cannot direct regularization of casual laborers but noted preference may be given if posts are advertised.

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TrrE HrcH couRT oF DELHr AT NEw DELrrr
+ W.P.(C) 7284/2}l2and C' M' No'1875312012 (stay)
UMESH KUMAR AI.ID ORS ....- Petitioners
Through: Mr. Amit Tewari, Advocate with Mr'
Amique Khalid, Advocate.
VERSUS
I]NIVERSITY OF DELHI AND ORS ..... RESPONdCNTS
Through: Mr. Arun Bhardwaj, Advocate for respondent No.1.
+ W.P.(C) 752512012 and C.M' No'1913912012 (stay)
RAJ KUMAR ""' Petitioner
Through: Mr. Amit Tewari, Advocate with Mr'
Amique Khalid, Advocate.
VCTSUS
UNIVERSITY OF DELHI & ORS RESPONdENTS
Through: Mr. Arun Bhardwaj, Advocate for respondent No.1.
CORAM:
HON'BLE MR JUSTICE VALMIKI J. MEHTA
% 02.09.2013
ORDER

1. By these writ petitions, the petitioners pray for regularization of the services on the ground that they were being wrongly engaged on contract basis repeatedlY.

2. CounselappearingfortherespondentNo.lAJniversitystates W.P.(C) Nos.7284/2012 & 7525n012 page I of 2 2013:DHC:7091,L t that there is no proposal at present to terminate the services of the petitioners. Since courts cannot direct regtlarization of services of casual labours as per the settled law, though the reliefs in these writ petitions cannot be granted, however, in case the respondent No.1 advertises posts for persons to be appointed as Malis then petitioners will be considered in preference to others provided all things are equal, and also the age bar will not be considered against the petitioners'

3. writ petitions are accordingly dismissed as withdrawn with the aforesaid observations. I-6!^-''t\A^'{^4-.\ VALMIKI J. MEHTA' J SEPTEMBER 02, 2ol[3] Ne