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SANJAY KUMAR MEDHI
Karamjit Singh Son Of Late Praban Singh – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. Of Assam, Department Of Housing And Urban Affairs – Respondent
JUDGMENT :
All these three writ petitions being connected with similar grievance and reliefs, those are taken together for hearing and are disposed of by this common judgment and order. The grievance, in gist is the issue regarding the monthly salaries of the petitioners and their regularization in service.
2. Before going to the issue which has arisen for determination, it would be convenient if the facts of the cases are narrated briefly.
3. In writ petition WP(C)/7586/2022, there are 57 nos. of petitioners who were initially working under the Assam Urban Water Supply and Sewerage Board (hereinafter AUWS&S Board) in various parts of the State. Similarly, in WP(C)/3263/2023, there are 22 nos. of petitioners working in similar capacity on work charged basis. The petitioners in WP(C)/1989/2023 are 34 in numbers who are also working as work charged Khalashi in the Barak Valley Division of the AUWS&S Board. The petitioners claim to have been working for a long period of time without their services being regularized. Vide a notification dated 21.06.2022 issued by the Housing and Urban Affairs Department, Government of Assam, the AUWS&S Board was to partially handover the running schemes t
The court established that employees working under a scheme without being appointed against sanctioned posts do not have a right to regularization, and emphasized the obligation of Urban Local Bodies....
The regularization of muster roll workers must comply with established policies and legal standards, and irregular appointments cannot be regularized without following due process as mandated by the ....
Temporary, contractual, casual or daily wage employees do not have a legal right to be made permanent, unless they have been appointed in terms of relevant Rules or in adherence to Article 14 & 16 of....
No enforceable right to wages or regularization for casual workers without lawful engagement by competent authority; unauthorized subordinate communications/identity cards/biometric do not confer ser....
High Courts cannot grant regularization of temporary employees unless they were appointed through a lawful selection process in accordance with constitutional norms.
The court established that long-term service and existing vacancies can warrant regularization, even if initial appointments were irregular, provided the employees meet certain criteria.
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