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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Amal Kanta Das, Son Of- Late Sarat Chandra Das – Appellant
Versus
State Of Assam To Be Represented By The Secretary To The Govt. Of Assam, Transport Department – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. L.R. Mazumder, the learned counsel appearing on behalf of the petitioner. Mr. P. Nayak, the learned Additional Advocate General who is also the Standing Counsel for the Finance Department appears on behalf of the respondent No. 5; Ms. M.D. Borah, the learned Standing Counsel appears on behalf of the respondent Nos. 1 to 3 and Mr. R.K. Talukdar, the learned Standing Counsel appears on behalf of the respondent No. 4.
2. The present writ petition has been filed by the petitioner seeking directions upon the Respondent Authorities to regularize the services of the petitioner w.e.f 22.07.2005; pay arrears of the salary and also make payment of the pension to the petitioner.
3. The brief facts as would appear from the materials on record are that the petitioner was engaged as a Muster-Roll worker in the office of the respondent No. 3 on 01.08.1993. It is the case of a petitioner that the petitioner thereupon rendered his service sincerely without any blemish from any quarter till his retirement on 31.12.2024.
4. It is the further case of petitioner that by virtue of the judgment delivered by the learned Division Bench of this Court in the case of State
High Courts cannot grant regularization of temporary employees unless they were appointed through a lawful selection process in accordance with constitutional norms.
The regularization of muster roll workers must comply with established policies and legal standards, and irregular appointments cannot be regularized without following due process as mandated by the ....
Completion of ten years of service gives a right to regularization, which cannot be negated by subsequent policy changes unless misconduct is proven.
The court mandated regularization for longtime temporary employees, emphasizing that states must adhere to constitutional employment principles regarding service continuity after a decade of service.
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....
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
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