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KAUSHIK GOSWAMI
C. H. Govinda, S/o. Late C. Bairagi – Appellant
Versus
Indian Oil Corporation Ltd. – Respondent
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
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.
The court emphasizes that regularization of temporary employees must adhere to principles of equality and fairness, ensuring parity in treatment for similarly situated employees.
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
Appointments not being sponsored by the employment exchange, as prescribed under Rule 149(2) of the Rules, would only make the appointments irregular and not illegal.
The main legal point established in the judgment is that reinstated daily wagers are eligible for regularization in accordance with the circular dated 5.3.2008, and the respondent authorities must de....
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
Long-term casual employees performing perennial duties should be regularized despite administrative inertia, ensuring adherence to employment principles established in earlier legal precedents.
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