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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Nirmal Singh – Appellant
Versus
Chairman Bhakra Beas Management Board – Respondent
JDUGMENT :
(Jyotsna Rewal Dua, J.)
Petitioners are working on contract basis with the respondent-Bhakra Beas Management Board (in short ‘respondent-Board’). They seek direction to the respondents to regularize their services on completion of two years of probation period and to treat their appointments as regular appointments for all intents and purposes. Release of consequential service benefits, i.e. seniority, regular pay scale, increments etc. as admissible to regular employees has also been prayed.
2. Facts:-
2(i). Respondent-Board was facing acute shortage of manpower against vacant critical permanent sanctioned posts of long term employment cadres. On 30.10.2014, the Board took a decision to fill up certain categories of Class- III and Class-IV posts in its Irrigation and Power Wing by direct recruitment on contractual basis. The direct recruitment was to be through regular selection process by the Centralized Staff Selection Committee as per the Bhakra Beas Management Board Class III and Class IV Employees’ (Recruitment and Conditions of Service) Regulations, 1994 (hereinafter to be referred as ‘1994 Regulations’). Relevant portion from the aforesaid office letter dated 30.10.2
The court ruled that contractual appointments for permanent posts violate statutory regulations, entitling petitioners to regularization and associated benefits.
Statutory service rules at selection commencement prevail over inconsistent advertisements or policies; pre-new rules contract appointees deemed regulars from initial date with full benefits, as rule....
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
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 appointed before service regulations permitted such mode entitled to deemed regularization after one year with retrospective consequential benefits on parity, arrears limited to....
The court ruled that long-serving contractual employees cannot be denied regularization based solely on contractual labels, emphasizing fair treatment under constitutional principles.
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