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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Hans Kumar Rajwade S/o Shri Balrup Ram Rajwade – Appellant
Versus
State of Chhattisgarh Through The Secretary, Department of School Education – Respondent
ORDER :
Amitendra Kishore Prasad, J.
1. By filing the present petition, the petitioners have challenged the impugned order dated 25.10.2022 (Annexure P/1), whereby it has been held that the petitioners’ appointments would not be treated as regular appointments and would continue to remain contractual in nature. The petitioners have prayed for the following reliefs:-
“10.1 Issue an appropriate writ in the nature of mandamus and quash the impugned order dated 25.10.2022 (Annexure P/1) thereby saying that the petitioners' appointment would not be altered as a regular appointment and would remain contractual in nature, in a most arbitrary manner.
10.2 Issue an appropriate writ in the nature of mandamus and direct the respondents to consider the cases of petitioners for being treated as regular incumbents since their initial appointments with all consequential benefits associated therewith including the arrears of pay and seniority.
10.3 Grant any other relief, which is deemed fit in the circumstances of the case.”
2. Brief facts of the case, in a nutshell are that the respondent Department had earlier issued a joint advertisement in the year 2012 inviting applications for appointment on vari
The court ruled that long-serving contractual employees cannot be denied regularization based solely on contractual labels, emphasizing fair treatment under constitutional principles.
The State's arbitrary rejection of a long-term temporary employee's regularization claim violates constitutional rights and obligations, emphasizing the need for fair employment practices under Artic....
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
Regularization of employees must consider equitable treatment and the rights of long-serving individuals, given principles of fairness under the Constitution.
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 ....
The State must uphold fair employment practices, ensuring that longstanding contractual employees receive regularization if their roles are recurring and essential to the organization.
The regularization of long-serving contractual employees is mandated when their roles are inherently permanent, ensuring compliance with employment laws and protections against exploitation.
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