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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Devashis Baruah
Mighishe Sepoy Home Guards – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT & ORDER :
DEVASHIS BARUAH, J.
Heard Mr. Joshua Sheqi, the learned counsel appearing on behalf of the petitioner. Mr. K. Angami, learned Senior Government Advocate appears on behalf of the respondent nos. 1, 2 and 3.
2. The present petition has been filed by the petitioner invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution seeking a direction upon the State respondents to regularise the service of the petitioner to the post of Bandman or Quarter Guardman or any other Grade-IV post or to allow the petitioner to go on voluntary pension with all consequential benefits w.e.f. 2003 considering the extraordinary case of the petitioner. To decide as to whether the reliefs so sought for by the petitioner in the instant proceedings can at all be granted by this Court, it would be relevant to take note of facts that led to the filing of this instant writ petition.
3. The petitioner, admittedly, is a Home Guard who has voluntarily provided his service. He was appointed in the year 2003 as stated in the writ petition. It is the further case of the petitioner that on 01.04.2015, while discharging his duties in the Office of the District Commandant, H
Regularisation of voluntary service cannot be mandated by courts without adherence to constitutional provisions and existing legal frameworks.
Long-term continuous service by volunteers necessitates regularization despite their designation, per the Supreme Court's jurisprudence.
High Courts cannot grant regularization of temporary employees unless they were appointed through a lawful selection process in accordance with constitutional norms.
The main legal point established in the judgment is the applicability of the principles of regularization of service as established in various judgments, including Umadevi, M.L. Kesari, Nihal Singh, ....
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