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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Uttara Duarah W/o- Sri Nava Kumar Phukan – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner challenges rejection of service regularization. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. arguments regarding illegitimacy of salary withholding and regularization denial. (Para 9 , 10 , 11 , 12 , 13 , 14 , 16 , 21) |
| 3. court's observations on employee rights and regularization considerations. (Para 17 , 18 , 19 , 20 , 22 , 24) |
| 4. supreme court principles on regularization of temporary employees. (Para 23 , 25) |
| 5. court's directive for regularization consideration and payment of dues. (Para 26 , 27) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. A. Chetia, learned counsel for the petitioner. And also heard Mr. R. Dhar, learned Standing Counsel, Handloom and Textile and Sericulture Department, for respondent nos.1, 2 and 3 and Mr. A. Chaliha, learned Standing Counsel, Finance Department, for respondent nos.4 and 5.
2. By filing this writ petition, the petitioner has put to challenge the communication dated 04.07.2022 by the Director of Handloom and Textile, Government of Assam to the Superintendent of Handloom and Textile, Golaghat, whereby, the rejection of the proposal for regularization of the services of the petitioner as Lower Division Assistant (in short LDA) by the Govern
Long-serving temporary employees in duly sanctioned posts have valid claims for regularization and owed salary under established employment rights guidelines.
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....
Long-term employees engaged in continuous service are entitled to regularization and benefits even post-retirement if their claims remain pending during their service, subject to compliance with appl....
Denial of regularization to a long-serving temporary employee compared to similarly situated employees constitutes discrimination, violating constitutional rights.
Long-term daily wage employees, after 10 years of service, are entitled to regularization as established by Supreme Court principles in employment law.
Continuous and uninterrupted service of temporary employees qualifies them for regularisation, as upheld by apex court judgments emphasizing fairness in employment practices.
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