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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUMAN SHYAM
Paplu Nath S/O- Lt. Prasanta Kumar Nath – Appellant
Versus
State Bank Of India – Respondent
JUDGMENT :
SUMAN SHYAM, J.
Heard Mr. M. Nath, learned Sr. counsel assisted by Mr. A. Bhattacharjee, learned counsel for the writ petitioner. Also heard Mr. M.K. Choudhury, learned Sr. counsel assisted by Mr. M. Sarma, learned counsel appearing on behalf of the respondents.
2. This is the second occasion when this Court has been called upon to adjudicate the same issues involved in this writ petition. The writ petitioner herein, who was temporarily engaged as General Attendant (Sweeper) under the respondent Bank on 15-06-2004, having rendered more than 21 years of continuous service is before this Court, seeking a direction for payment of arrear salary and also an order for regularizing his services. This writ petition was earlier allowed by this Court by judgment and order dated 16-06-2023. The respondents as appellants had, however, preferred W.A. No. 369/2023 assailing the judgment and order dated 16-06-2023, inter alia, on the grounds that the prayer of the writ petitioner had been allowed by drawing parity with another employee, viz. Sibendu Kumar Nath, whose service was regularized by the Bank although there was no pleading in the writ petition to that effect. By taking note of s
Denial of regularization to a long-serving temporary employee compared to similarly situated employees constitutes discrimination, violating constitutional rights.
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Long-serving temporary employees in duly sanctioned posts have valid claims for regularization and owed salary under established employment rights guidelines.
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
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....
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....
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