The Supreme Court has observed that one cannot claim negative discrimination qua the persons who have been erroneously granted the benefit of regularization under Articles 14 and 16 of the Constitution.
The Bench comprising of Justice Ajay Rastogi and Justice AS Oka made this observation while considering a special leave petition assailing Jharkhand High Court's order.
The petitioner's contention was that his name was eliminated from being regularized on the post held by him because of duplicacy of one name and that initially it was included in the list of 31 employees who were considered for regularization.
Petitioner was working as a Night Watchman on adhoc basis. The Government on June 18, 1993 came up with a resolution as per which the employees who had completed 240 days of regular work on or before August 1, 1985 were to be considered for regularization subject to the overall suitability.
The Court after considering the material placed on record as well as the affidavit concluded that the petitioner had not completed 240 days of regular work before August 1, 1985 as per the resolution.
Discarding the Learned Counsel for Petitioner's submission that there are few employees who too according to him has not completed 240 days on or before 01.08.1985, still they have been regularized, the Court noted that negative discrimination cannot be confronted via Articles 14 and 16 of the Constitution. The SLP was accordingly disposed off.
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