Regularization
JAYANTA KUMAR DAS
(Querist) 26 March 2014
This query is : Resolved
Respected Sir / Madam,
Few questions that can be asked to get valuable opinion of expert advocates :
(i) The appointment in pure State Govt. service, lecturers on contractual basis maintaining proper recruitment rules and process and through proper selection procedure (i.e. through advertisements in leading newspapers, at least one each in English, one in regional language clearly mentioning the essential qualification and experience required and selection of candidates through selection committee of expert members ). Is it in violation of Article 14 & 16 of “Constitution of India” and will it be treated as illegal entry or backdoor entry to any State Govt. service ?
(ii) According to Judgment of Uma Devi Case (Supra) on 10.04.2006, Department of Technical Education and Training (Polytechnic), Govt. of West Bengal is not in a position to regularize the service of lecturers appointed on contract basis appointed through above said selection procedure. Whereas Odisha Govt., Himachal Pradesh Govt. and many others have regularized the services of contractual appointees after 10.4.2006. So my query is : whether decision of those State Govts. are correct or justified or not based on judgment of Uma Devi (Supra) case on 10.04.2006 ?
(iii) Any genuine meritorious qualified SC/ST/OBC candidates who have accepted the appointment in State Govt. service on contract basis on six months terms with artificial breaks of 2/3/4 days and provided his/her total service for more than 10 years and are still continuing and there were no other alternative procedure of regular appointment conducted by the State Govt. and the candidates have crossed the age limit as per recruitment rules, then whether she/he have any right to demand for regularization of his/her service and to count the whole contractual service period in his/her service career in the power of Article 16(4), 45, 335 of “Constitutions of India” ?
Thanking you,
Yours faithfully,
Jayanta Kumar Das.
Devajyoti Barman
(Expert) 26 March 2014
Uma Devi case has no water tight compartment application in all scenario.
The Rule of Legitimate Expectation widely recognised in principle of equitable relief including that of Writ application squarely applies in your case.
In your case the candidates serving at least more than 5 years in the college can invoke Writ jurisdiction of court for regularisation of service on permanent basis.
Rajendra K Goyal
(Expert) 27 March 2014
These are political decisions, legal path is time consuming and are decided on merits. File writ in the competent court.
