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BIBEK CHAUDHURI
Gauri Shankar Sharma – Appellant
Versus
State of Bihar – Respondent
Bibek Chaudhuri, J. – The Petitioners are contractual Drivers-Constables, working under Home (Police) Department since the year 2011. They have filed the instant Writ Petition for the following reliefs: –
“(i) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the order bearing memo no. 106 dated 15.06.2021 issued under the signature of Assistant (Welfare) of Director General of Police, Bihar whereunder a decision was taken to end the services of contractual Driver, constables and in any event after 31.07.2021 they will be not paid any remuneration with a direction to serve a one month notice upon the Petitioners in terms of Clause-9 of the agreement. (Annexure-19).
(ii) To issue an appropriate writ/order/direction in the nature of certiorari for quashing the order bearing memo no. 1353 dated 19.06.2021 issued under the signature of Superintendent of Police, Begusarai wherein the services of Petitioner no. 60 namely Vijay Kumar contractual Driver no. 5499 is being terminated in terms of Clause 9 of the agreement from one month after receiving the letter dated 19.06.2021 and similar termination letters issued to the other Petitioners by the Superint
The main legal point established in the judgment is that contract employees, who have worked for a significant period and possess the necessary qualifications, are entitled to seek regularization of ....
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
Discrimination in regularization of services violates Articles 14 and 16 of the Constitution, mandating equal treatment for similarly situated employees.
Contractual employment lacks the basis for regularization when appointments are made in violation of statutory provisions, emphasizing the necessity for adherence to legal recruitment processes.
Employees serving over ten years without unlawful intervention are entitled to pension benefits, even if prior appointments were irregular. Bureaucratic failure to regularize should not impede legal ....
The court affirms the right of contractual employees to have their representations heard regarding service regularization.
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