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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Netramoni Baruah And Ors S/o Jibon Chandra Baruah – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. P. K. Goswami, learned senior counsel, assisted by Ms. J.Goswami, learned counsel, and Mr. B. P. Borah, learned counsel, appearing on behalf of the appellants. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department; and Mr. T. J. Mahanta, learned senior counsel, assisted by Ms. P. Sarma, learned counsel; appearing on behalf of their respective respondents.
2. The appellants, herein, by way of instituting the present intra-Court appeal, have presented a challenge to a judgment & order, dated 28.01.2025, passed by the learned Single Judge in WP(c)8795/2019, rejecting the claim of the appellants for having the contractual appointment effected in their cases, regularized against the sanctioned posts so available.
3. The brief facts requisite for adjudication of the issues arising in the present intra-Court appeal, is noticed, as under:
The Government on the establishment of 11(eleven) new Polytechnics in the State and consequent creation of posts in such newly created polytechnics; a decision was arrived at for filling up of the said posts, including the posts of Lectur
Temporary employees cannot claim regularization without meeting Supreme Court criteria, including continuous service without interim protection.
Temporary appointments do not create a vested right for regularization unless specific conditions, including a minimum service period without interim protection, are met.
Temporary employees lack a legal right to regularization unless appointed per relevant rules; participation in selection waives claims for regularization.
Temporary or irregular employees lack a legal right to permanent status unless appointed per relevant rules, as established in Uma Devi (3).
Long service on a contractual basis does not confer a legal right to regularization without a formal scheme in place, as established by Supreme Court precedents.
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
The court recognized the right of the State to appoint persons on temporary basis to meet its exigencies, and held that the failure of the ATTC to maintain the student to lecturer ratio and the petit....
Temporary or contractual employees lack legal entitlement to regularization unless appointed through lawful selection processes as established by precedent.
Temporary employees appointed via constitutional procedures are entitled to regularization, highlighting the need for compliance with recruitment mandates to ensure fairness and uphold employee right....
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