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Justice Madan B Lokur who headed a Supreme Court Bench pointed out that, even after the Umadevi Judgment the State of Jharkhand continued with irregular appointments. He also stated that this does not lead to good governance. The Supreme Court Bench advised the state to make regular appointment only instead of making irregular appointments so as to short circuit the process of regular appointments.
In the case of Secretary, State of Karnataka and Ors. V. Umadevi , regularization was denied to some appointed employees of the State Government since they had not worked for ten years on the cut-off date of 10th April 2006, when the constitution bench gave its decision.
The employees contended that the State was formed only in the Year 2000 and there was no way anybody could have completed ten years of service in the State of Jharkhand within the cutoff date of 10th April 2006 due to which no one could get the Regularization rules benefit. They also stated that, some employees even though hadn’t completed ten years of service were granted the resolution permitting the regularization.
It was observed by the Bench that intention of this case was to prevent irregular appointments in the future and to give some benefits to all those who had been appointed irregularly. It was also pointed out that, if they had completed ten years of service then they should be given the benefit of the service provided by them.
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