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VIJAY BISHNOI, KAUSHIK GOSWAMI
Jiten Chandra Das – Appellant
Versus
State of Assam – Respondent
J UDGMENT :
(Kaushik Goswami, J)
Heard Mr. O.P. Bhati, and Mr. P. Sarma, learned counsels, appearing for the appellant. Also heard Mr. N. Das, learned Government Advocate, appearing for respondent Nos.1 & 2 and Mr. P. Nayak, learned Standing Counsel, Finance Department, appearing for respondent No.4.
2. By way of this writ appeal, the appellant/petitioner is assailing the judgment & order dated 06.03.2019 passed by the learned Single Judge in WP(C) No.1573/2013.
3. The facts of the case are that the appellant/petitioner was temporarily appointed by the respondent No.2 as a Helper to the Art Instructor in the Government B.D.S. Deaf and Dumb School, Kahilipara, Guwahati (hereinafter to be referred to as “school”) on 17.05.1994, on a consolidated fixed pay of Rs. 900/- per month, for a period of three months. Thereafter, the service of the petitioner was extended from time to time by the respondent No.2 after expiry of every three months, with a day’s break, on the condition that his appointment will be automatically terminated on expiry of the said period of three months.
It is the further case of the appellant/petition
Temporary appointments without sanction cannot be regularized, but differently-abled individuals must be considered for future employment opportunities.
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....
Regularization of service is permissible for employees with long-term engagement despite irregular appointments, emphasizing the distinction between illegality and irregularity under established juri....
Long-serving temporary employees in duly sanctioned posts have valid claims for regularization and owed salary under established employment rights guidelines.
Irregular appointments may be regularized after prolonged continuous service, as technical grounds cannot undermine substantive employment rights.
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