Temporary employees cannot claim regularization without sanctioned posts, but actions of the employer recognizing their service can warrant recognition of employment rights.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. B. Sharma, learned counsel for the appellant. Also heard Mr. S. Dutta, learned senior counsel, assisted by Mr. S. Dihingia, learned counsel for the private respondent no. 1. None appeared on call for the respondent nos. 2, 3 and 4.

2. The respondent no. 1 in this intra-court appeal is the writ petitioner in W.P.(C) No. 6015/2023. The Union of India, represented by the Secretary, Govt. of India, Department of Fertilizers, the proforma respondent no. 2herein was arrayed as respondent no. 1 in the writ petition. The Union of India, represented by the Secretary, Govt. of India, Ministry of Human Resource, the proforma respondent no. 3 herein was arrayed as respondent no. 8 in the writ petition. The proforma respondent no. 4 herein was arrayed as respondent no. 9 in the writ petition. The appellant in this appeal was arrayed as respondent no. 2 in the writ petition. The officials of the appellant, who were arrayed as respondent nos. 3 to 7 in the writ petition are not arrayed as respondents and/or proforma respondents in this appeal.

3. At the outset, the pleadings in paragraph 1 of the writ petition is factually incorrect because while the petitioner claims that Brahmaputra Valley Fertilizer Corporation Limited (BVFCL for brevity) was incorporated in 2002, she was engaged as Graduate Teacher-cum- Demonstrator (Biology) by BVFCL on 20.01.1994 on ad hoc basis, which is ex facie unbelievable, and found to have been denied by the appellant in paragraph 4 of the appellant’s affidavit-in-opposition, filed in the writ proceeding.

4. Be that as it may, from the pleadings and documents available in the memo of appeal, it appears that the case of the respondent no.1 in the writ petition is that Hindustan Fertilizer Corporation Higher Secondary School, Namrup (hereinafter referred to as HFCHS School for brevity) was established by the Namrup Unit of the erstwhile Hindustan Fertilizer Corporation Ltd. (HFCL for brevity), a public sector undertaking under the Department of Fertilizer, Govt. of India. The said HFCL was declared sick. However, the Central Government wanted to revive the Namrup Unit of HFCL and thus, BVFCL was incorporated in the year 2002, which took over the assets of the erstwhile HFCL.

5. As per contents of the letter dated 12.11.1993 (Annexure-4 to the writ petition), it appears that the Chief Personnel Officer, HFCL, Namrup Unit informed the petitioner that for framing a panel for the post of ad hoc Teacher- cum- Demonstrator (Biology), her name was sponsored by the Employment Exchange, Namrup and as such, she was requested to appear for interview on 01.12.1993 and 02.12.1993. Accordingly, vide appointment letter dated 03.01.1994, the petitioner was appointed as Demonstrator on ad hoc basis for 40 days with effect from 27.01.1994 and posted to HFCHS School and her allotted employment number was 5949. Thus, the statement made by the petitioner in paragraph 1 of the writ petition that she joined the said school on 20.01.1994, is contrary to the contents of the aforesaid appointment letter dated 03.01.1994 and pleadings made in pa