IMPORTANT POINT
The court established that employees appointed under the same selection process are entitled to equal treatment and regularization, reinforcing the principle of non-discrimination under Article 14.

JUDGMENT :

Kaushik Goswami, J.

Heard Mr. B. Baruah, learned counsel for the petitioner. Also heard Mr. A. Sarma, learned Standing Counsel, IOC appearing for the respondents.

2. Since the issue involved in the present proceedings are identical, the writ petitions are taken up together for disposal.

3. By way of filing the writ petitions being WP(C) 3710/2019 and WP(C) 3719/2019 under Article 226 of the Constitution of India, the petitioners inter alia seeking regularization to the post of Sweeper Grade-I and in WP(C) 4349/2019 to the post of Primary School teacher, Grade-IV under the respondent authorities w.e.f. the date of their initial appointment.

4. The facts of the case is that on being requisition made by respondent corporation i.e. Indian Oil Corporation Limited (Assam Oil Division) to fill up several vacancies of Grade-I including sweepers, the petitioners name were sponsored by the local employment exchange, Digboi for the posts of shramik Grade-I and for the post of teacher respectively. Thereafter, the petitioners were duly selected by the selection committee of Indian Oil Corporation Limited (AOD) against the vacant sanction and permanent post of sweeper Grade-I and teacher respectively.

5. Accordingly, in WP© 3710/201, the petitioner was appointed by the respondent authorities as Shramik (Grade-I) on compassionate appointment on 24.02.1995 and accordingly, he continued as temporary employee and presently is posted in the security deparment under the IOCL (AOD), Digboi Refinery as Security Guard (Grade-I).

6. In WP(C) 3719/2019, the petitioner No.1 was appointed by the respondent authorities as Shramik (Grade-I) on compassionate appointment on 24.02.1995 and accordingly, he continued as temporary employee and presently is posted in the security department under the IOCL (AOD), Digboi Refinery as Security Guard (Grade-I) and the petitioner No.2 was appointed by the respondent authorities as Sweeper-cum-attendant (Grade-I) on compassionate appointment on 04.02.1995 and accordingly, he continued as temporary employee and presently is posted in the medical department under the IOCL (AOD), Digboi Refinery as Attendant (Grade-I).

7. In WP(C) 4349/2019, the petitioner was appointed by the respondent authorities as Teacher-Primary School (Hindi Medium) (Grade IV) AOD HS School on compassionate appointment on 24.02.1995 and accordingly, he continued as temporary employee and presently is posted in the Hindi section (Corporate Communication) under the IOCL (AOD), Digboi Refinery.

8. It is the specific case of the petitioners that at the time of their initial engagement along with other similar candidates who were appointed in pursuance of the written test and interview, the Chief Personal Manager (ERNS) told them that regular appointment letters would be issued within a very short time and accordingly they were advised to continue in their engagement. But as the process of issuing the regular appointment letter to the candidates were not completed as promised and assured the petitioners and other candidates appointed like that of the petitioners had submitted several representation for regularization of their service from time to time before the respondent authorities. Whereas some of the candidates selected and appointed under the same selection were already confirmed and regularized and the petitioners are not yet regularized.

In a recent decision passed by Division bench of Hon'ble High Court in Writ Appeal No. 56/2018 had directed regularization along with service benefit accrued thereof to be given to the candidates like that of the petitioners by the respondent authorities. In a Special Leave to Appeal (C) 27071/2018 carried to Hon'ble Supreme Court by respondent corporation expressing dissatisfaction to the Judgment dated 06.06.2018 passed in Writ Appeal 56/2018 of Hon'ble High Court and after hearing the parties the Hon'ble Supreme Court of India vide Order dated 22.10.2018 dismissed the Special Leave Petition of Corporation.