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KARDAK ETE
Hiren Ch. Das, S/o. Lt. Tarun Ch. Das – Appellant
Versus
State Of Assam, Rep. By The Chief Secretary, Govt. Of Assam – Respondent
JUDGMENT :
(Kardak Ete, J.)
Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. J. Patowary, learned counsel for the petitioners. Also heard Ms. M. Bhattacharjee, learned State counsel appearing for the respondents No. 1 to 4 and 6 and Mr. P. Nayak, learned Standing counsel, Finance Department, appearing for the respondent No.5.
2. By instituting this writ petition, the petitioners, who have been appointed as Child Development Project Officers (CDPOs in short) on contractual basis, have prayed for a direction to the respondent authorities to consider the claim of the petitioners for parity in pay with regular CDPOs and for a direction to frame a scheme for regularization of the service of the petitioners as CDPOs. The petitioners have also prayed for payment of arrears as well as the current salary of the petitioners.
3. The case of the petitioners, in nutshell, is that they are working as CDPOs under Integrated Child Development Services (ICDS in short) and posted in different parts of the State of Assam. The petitioners were appointed pursuant to the advertisement dated 09.01.2010 on contractual basis, initially for a period of one year and their services have been ext
The court recognized the disparity in pay between contractual and regular Child Development Project Officers, allowing for potential regularization of services as a one-time measure while emphasizing....
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
The court ruled that contract employees with over ten years of service against sanctioned posts are entitled to regularization, emphasizing the need for fair recruitment processes and age relaxation ....
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....
The court emphasized that long uninterrupted service in governmental roles, despite initial irregular appointments, warrants consideration for regularization in accordance with established legal prec....
The Tribunal acknowledged the claim for regularization based on long service but deferred the decision pending similar ongoing Supreme Court cases.
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