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N. UNNI KRISHNAN NAIR
Malati Bala Roy @ Malati Ray, W/o. Lt. Karendra Nath Roy – Appellant
Versus
State Of Assam, Through- The Secretary, To The Govt. Of Assam, Registration Deptt. – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.)
Heard Mr. Arabinda Das, learned counsel, appearing on behalf of the petitioner. Also heard Mr. J. Handique, learned standing counsel, Revenue Department, appearing on behalf of respondents No. 1 & 3; and Ms. Usha Das, learned Addl. Senior Government Advocate, appearing on behalf of respondents No. 4, 5 & 6. However, none has appeared on behalf of respondent No. 2.
2. The petitioner by way of instituting the present proceeding, has prayed for a direction upon the respondent authorities to regularize her service against an equivalent post of Extra Writer with retrospective effect i.e. 01.08.1992, by maintaining parity with other Extra Writers who were so regularized against the post of Lower Division Assistant with effect from the said date.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The husband of the petitioner while being engaged as an Extra Writer on daily wage basis, had died-in-harness on 06.10.1985. It is projected in the writ petition that the petitioner was, thereafter, with effect from November, 1985, allowed to work as an Extra Writer on daily wage basis. However, it
Eligibility for service regularization requires completion of specified continuous service duration, as established by prior court rulings.
Temporary employees performing duties similar to regular employees are entitled to minimum wage parity, but cannot claim regularization unless their initial appointment complies with legal recruitmen....
Muster Roll workers are not entitled to regularization but are eligible for minimum pay and welfare benefits as per state policy.
Pre-regularization service - claim of the employee should have been considered immediately if not through pre-regularization services and get counted for the purpose of terminal benefits
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
Regularisation in service requires a regular sanctioned post, and the court cannot direct regularisation or grant benefits payable to regular employees.
High Courts cannot grant regularization of temporary employees unless they were appointed through a lawful selection process in accordance with constitutional norms.
The petitioners cannot claim regularization of their services from the date of initial appointment and were entitled to count only half of their service rendered in consolidated pay posts for pension....
Persons who have passed prescribed jobtest/interview and are found qualified for post and has been given appointment on ad hoc basis, their services be regularized.
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