Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 820

IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, ITANAGAR BENCH
Kalyan Rai Surana, N. Unni Krishnan Nair, JJ.
Nabam Tamar S/o Late Nabam Tallo and ors. – Petitioners
Versus
Kaling Tayeng, The Commissioner and Secretary, Govt. of Arunachal Pradesh, Department of Power and ors. – Respondents
Cont.Cas(C)/31/2022
Decided On : 21-05-2024

Advocates:
Advocate Appeared:
For the Petitioner: T T Tara
For the Respondent: Lissing Perme

IMPORTANT POINT
The judgment emphasizes the importance of satisfying specific conditions for employment regularization and the lack of deliberate violation of court orders by the respondents.

Headnote:
Contempt of Court - Employment Regularization - Contempt of Courts Act, 1972, Article 215 of the Constitution of India
Fact of the Case:
The petitioners, Grade-IV and Grade-III employees in the Department of Power, Government of Arunachal Pradesh, sought regularization of their employment. The court directed the respondent authorities to scrutinize the individual appellants' claims and provide relief based on specific conditions.
Finding of the Court:
The Fact-Finding Committee concluded that the casual laborers were not engaged against any vacant post and did not satisfy the conditions for employment regularization as per the Umadevi case. The court found that the respondents did not commit deliberate and willful violation and disobedience of the court's order, thus closing the contempt petition.
Issues: Violation of court order, employment regularization, contempt of court
Ratio Decidendi: The court's decision was influenced by the Fact-Finding Committee's report, which demonstrated that the conditions for employment regularization were not satisfied, and the respondents did not willfully violate the court's order.
Final Decision: The court closed the contempt petition, stating that the respondents did not commit deliberate violation and disobedience of the court's order.

ORDER :

K.R. Surana, J.

Heard Mr. T.T. Tara, learned counsel for the petitioners as well as Mr. S. Tapin, learned counsel for respondent nos. 2 to 6. None appears on call for respondent no.1.

2. Alleging violation and willful disobedience of the order dated 30.11.2021 passed by this Court in WA 4/2018, this contempt petition has been filed under Section 11 and 12 of the Contempt of Courts Act, 1972 read with Article 215 of the Constitution of India.

3. In brief, the case of the petitioners is that the petitioners are serving as Grade-IV and Grade-III employees in the Department of Power, Government of Arunachal Pradesh for over 10 to 20 years without interruption or misconduct, perform duties of comparable nature, quality, and quantity to those of regular departmental employees. Despite their lengthy unbroken service and impeccable record, the petitioners' employment has not been regularized, and they have been denied salaries equivalent to their regular counterparts. Aggrieved by this discrimination, the petitioners had approached this Court by filing Writ Petition No. 55(AP)/2017, seeking regularization of their employment. However, the said writ petition was dismissed by this Court by an order dated 07.02.2018. Challenging the aforementioned order dated 07.02.2018 in W.P.(C) No. 55(AP)/2017, an intra-court Writ Appeal being W.A No.04/2018 was filed. Upon hearing the parties to the writ appeal, and upon examining the records and after considering various judgments of the Supreme Court of India referred to by the learned counsel for the appellants as well as the learned senior Govt. advocate, this Court had directed the respondent authorities in the Department of Power to scrutinize the individual appellants' claims in the following manner-

(i) Those appellants who are working against sanctioned vacant posts and have worked for a period of 10 years or more up to 10.04.2006 from the date of their joining and without the aid of any Court Order, the relief of regularization be given to such employee.

(ii) If upon verification, it is found that any such appellants are not working against any sanctioned vacant posts, but are in employment and performing work of similar nature, quality and quantity as that of an equivalent regular employee, the relief of providing wages equal to the salary at the lowest grade of employees of their cadre be provided to such appellants.

(iii) Further, if upon examining the individual cases, the Department finds that any of the appellants are in employment, but are not performing the similar nature, quality and nature of work as that of an equivalent regular employee, an adequate financial package be provided to such appellants.

4. The copy of the judgment and order dated 30.11.2021 passed by this Court in WA 4/2018 was served on the respondents and other authorities on 04.01.2022. However, till the filing of this contempt petition on 23.08.2022, as the service of the petitioner have not been regularized, this contempt petition has been filed. During the pendency of this contempt petition, the respondent no.4 had filed an affidavit on 28.06.2023 to bring on record the order dated 22.06.2023, passed by the Secretary (Power) Govt. of Arunachal Pradesh in compliance of the order passed by this Court dated 30.11.2021. It was also stated therein that in compliance to the order dated 30.11.2021 of this Court, the Department of Power, Govt. of Arunachal Pradesh had constituted a four-member Fact-Finding Committee headed by Superintending Engineer, SO (PSO), Itanagar as its Chairman and the Committee had submitted its report on 03.02.2023. Moreover, it was stated that after the order dated 30.11.2021, the Govt. of Arunachal Pradesh, Finance Department, E-II Branch had issued an order no. FIN/E-II/15/2010/328 dated 02.06.2023, thereby enhancing the minimum rates of wages in respect of various categories of un-skilled and skilled contingent employees/ casual workers/ labourers/ ALCs employed under Govt. of Arunachal P