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IN THE HIGH COURT OF BOMBAY AT GOA
BHARATI DANGRE, NIVEDITA P. MEHTA
Domnic Furtado (ST) – Appellant
Versus
State of Goa, Through its Secretary, Secretariat, Porvorim, Goa – Respondent
JUDGMENT :
Bharati Dangre, J.
1. The twelve Petitioners before us appointed as Daily Wagers with the Margao Municipal Council, rely upon the Office Memorandum dated 29.10.1990 issued by the Government of Goa, where a decision was taken by the Government to consider regularization of employees, who have completed more than five years of continuous service either as NMRs/Daily Wagers subject to the condition that the work to be provided to them should be available on continuous basis and the persons should qualify for the post as per the Recruitment Rules.
2. The very same direction was reiterated in form of instructions issued by the Government of Goa in the Office Memorandum dated 07.06.2000, to the following effect :
“The Government vide O.M. No.9/1/90-Fin (R & C) dated 9/10/1990 from Finance ( Rev & control) Department has issued instructions to the effect that once the employee completes 5 years of continuous service as NMRs/Daily Wager, he/she would automatically qualify for being considered for regularization subject to the conditions laid down therein. Now the Government has further decided that those who have completed 5 years in Government service are to be regularized.”
It is t
Long-serving temporary employees performing essential functions may be regularized despite procedural lapses, ensuring fair employment rights and protections.
Long-serving daily wage workers have a legitimate right to regularization, and the misapplication of legal principles should not deny them this right.
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Long-serving employees in essential roles are entitled to consideration for regularization despite initial irregular appointments, ensuring fairness and adherence to constitutional principles.
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
The court reaffirmed that long-serving employees, despite irregular appointments, are entitled to regularization, emphasizing the importance of continuity of service without considering minor lapses ....
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
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