In a recent case, a notable legal analysis was conducted by the court regarding employment replacements. The court carefully examined the facts and made a decisive ruling, setting a new standard in similar cases. This landmark decision will have far-reaching implications in the realm of employment law, shaping future legal outcomes and providing clarity on the matter at hand.
Facts
- The State Government preferred D.B. Civil Special Appeal (Writ) No.1342 of 2017, which was dismissed by the Division Bench of the High Court on 16.11.2017.
- The respondent was not replaced by another contractual or ad hoc employee, but rather by a regular appointee who was repatriated to the parent department.
- The High Court erred in accepting the submissions of the respondent and allowing the writ petition.
- The impugned order of the High Court in S.B. Civil Writ No.7637 of 2015 is set aside and dismissed.
- The State Government is directed to pay an additional sum of Rs.25,000 to the respondent within four weeks.
- The appeal is allowed in this peculiar fact situation.
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Case Title: THE STATE OF RAJASTHAN Vs. SHIV CHARAN MEENA (2021 INSC 487)
Case Number: C.A. No.-005747-005747 / 2021