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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), KOHIMA BENCH
DEVASHIS BARUAH, YARENJUNGLA LONGKUMER
Union Of India, Represented By The Secretary To The Govt. Of India, Ministry Of Agriculture And Farmers Welfare – Appellant
Versus
Anjani Kumar Singh, S/o. Shri Ram Narayan Singh, Presently Serving As Horticulture Specialist – Respondent
| Table of Content |
|---|
| 1. appellate review of administrative decisions regarding service regularization and recruitment processes. (Para 1 , 2 , 3) |
| 2. factual history of contractual engagement vs. regular sanctioned posts in the central institute of horticulture. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. validity of regularization claims for long-serving contractual staff against sanctioned posts. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. application of the doctrine of legitimate expectation and article 14 to contractual employees. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. final order mandating regularization and consequential service benefits. (Para 34 , 35) |
JUDGMENT :
Devashis Baruah, J.
Heard Ms. Krovi Tsukru, the learned counsel appearing on behalf of the appellants in both the writ appeals as well as learned counsel, Mr. T.B. Jamir along with Mr. I. Jamir, appearing for the respondents in both the writ appeals.
2. Both the appeals are directed against the common Judgment & Order dated 27.11.2024, passed by the learned Single Judge in WP(C)/38/2023 and WP(C)/39/2023.
3. The learned Single Judge vide the impugned Judgment & Order dated 27.11.2024 direct
Point of law: Service Law - Contractual employment - Regularization of Service - Having applied for appointment to various posts pursuant to a notification of 2019 and being unsuccessful (except one ....
Contractual employees cannot claim regularization as a matter of right; their employment is project-based and temporary, governed by specific contractual terms.
The main legal point established in the judgment is that the Petitioners' service should have been regularized as they were engaged against sanctioned posts by following due process of selection and ....
The court ruled that long-serving contractual employees cannot be denied regularization based solely on contractual labels, emphasizing fair treatment under constitutional principles.
Contractual employees may not claim regularization based on prolonged service or failed applications for higher posts, as employment must adhere to constitutional recruitment mandates.
Temporary employees appointed via constitutional procedures are entitled to regularization, highlighting the need for compliance with recruitment mandates to ensure fairness and uphold employee right....
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