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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT PORT BLAIR
JOYMALYA BAGCHI
B. Chandra Kala – Appellant
Versus
Chief Secretary, Ndaman & Nicobar Administration – Respondent
JUDGMENT :
JOYMALYA BAGCHI, J.
1. These writ petitions involve common questions of fact and law, hence, they are being disposed of by a common judgment and order.
FACTUAL MATRIX:
2. Brief factual matrix giving rise to these writ petitions are as follows:
Re: WPA/39/2022
3. Pursuant to an advertisement issued in the local newspaper on 28th July, 2010 by Andaman Public Works Department (APWD) for filling up the post of Junior Engineers, the petitioners participated in the selection process comprising of a written test and interview.
4. Petitioners were successful in the selection process and were empanelled but were not employed in the APWD. On the other hand, by an offer letter dated 21st November, 2011 APWD proposed to engage them as engineers in the Panchayati Raj Institutions (PRIs) on a consolidated pay of Rs.15,000/- per month for a period of eleven months.
5. Pursuant thereto petitioners were engaged in various PRIs on a contractual basis at a consolidated remuneration for eleven months. Since then, petitioners are serving as Junior Engineers in various PRIs on a contractual basis for more than a decade.
Re: WPA/40/2022
6. Pursuant to a Press Note issued on December 12, 2011 the Andaman
The court ruled that long-serving contractual employees cannot be denied regularization based solely on contractual labels, emphasizing fair treatment under constitutional principles.
Point of law: Service Law - Contractual employment - Regularization of Service - Having applied for appointment to various posts pursuant to a notification of 2019 and being unsuccessful (except one ....
Contractual employees may not claim regularization based on prolonged service or failed applications for higher posts, as employment must adhere to constitutional recruitment mandates.
The Tribunal acknowledged the claim for regularization based on long service but deferred the decision pending similar ongoing Supreme Court cases.
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