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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
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 Government has been conveyed. The petitioner has also prayed for a direction for regularization of her service and to release her arrear salary since April, 2016 to February, 2022.
3. The case of the petitioner, in brief, is that she was temporarily allowed to officiate as LDA in the office of the Superintendent of Handloom and Textile, Golaghat, vide order dated 04.09.1992 and since, then she is performing her duties diligently and to the satisfaction of all concerned. She has joined her service on 07.09.1992 and has been c
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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