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2000 Supreme(J&K) 111
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Syed Bashir-ud-Din, J.
Ab. Khaliq Malik - Appellant
Versus
State & Ors. - Respondent
SWP No. 1897/1998
Decided On : 24 May, 2000
Advocate For Appellant: R.A. Sogain
Advocate For Respondent: Nemo
Adhoc or temporary employees who have been in service for a long period have a right to claim regularisation, and the authorities are obligated to consider their case for regularisation in a fair manner, provided they are eligible and qualified according to the rules and their service record is satisfactory.
Headnote:
Regularisation - Employment - The court directed that the petitioner, who was working as a Senior Assistant in the Health Department for a number of years, should continue in the position until it is filled on a regular basis. The court emphasized that the authorities are obligated to consider the case for regularisation of adhoc or temporary employees who have been in service for a long period, provided they are eligible and qualified according to the rules and their service record is satisfactory.
Fact of the Case:
The petitioner, currently working as a Senior Assistant in the Health Department, sought regularisation of his services in the same position, which he had been holding for a number of years.
Finding of the Court:
The court directed that the petitioner shall continue as a Senior Assistant until the post is filled on a regular basis, and his experience, performance, and conduct shall be considered while filling up the post. The respondents were directed to pay the petitioner for the period he has worked and will work as a Senior Assistant in the future. The petitioner was also advised to seek remedy in an appropriate forum if his service rights are infringed.
Issues: Regularisation of employment, Rights of adhoc or temporary employees, Consideration of service record for regularisation
Ratio Decidendi: The court emphasized that adhoc or temporary employees who have been in service for a long period have a right to claim regularisation, and the authorities are obligated to consider their case for regularisation in a fair manner, provided they are eligible and qualified according to the rules and their service record is satisfactory.
Final Decision: The petitioner was directed to continue as a Senior Assistant until the post is filled on a regular basis, and the respondents were directed to consider his experience, performance, and conduct while filling up the post. The petitioner was also advised to seek remedy in an appropriate forum if his service rights are infringed.
Admit.
1. This petition can be disposed of at this stage, so taken up accordingly for disposal. Heard.
2. Petitioner, presently working as Senior Assistant in Sub District Hospital Tangdar, prays that his present status as such Sr. Assistant in Health Department of the State should be disturbed and that his services as such Sr. Assistant, on which post he is working for number of years, may be regularised.
3. It is found on record that the petitioner employee of Health Department is working as Sr. Assistant for last number of years. Obviously, the present status of the petitioner and the graded post as Sr. Assistant he is holding cannot be disturbed, except in due course of law.
4. In State of Haryana and Ors Vs. Piara Singh and ors (1992) 4-S.C.C: 118), it is pointed out:
As regards the temporary/adhoc employees in Govt. service, the normal rule is regular recruitment through the prescribed agency but exigencies of administration may some times call for an adhoc or temporary appointment to be made. In such a situation, effort should always be to replace such an adhoc/temporary employee by a regularly selected employee as early as possible..... if for any reason, an adhoc or temporary employee is continued for a fairly long spell, the authorities must consider his case for regularisation provided he is eligible and qualified according to the rules and his service record is satisfactory... persons continuing in service over a number of years have a right to claim regularisation and the authorities are under an obligation to consider their case for regularisation in a fair manner.
Petitioner shall continue as Sr. Assistant till the post is filled on regular basis if not so filled. While filling up the post on regular basis, petitioner™s experience, period for which he is holding the post of Sr. Asstt., his performance and conduct shall have to be considered by the respondents/competent authority. He shall be paid for the period he has actually worked as Sr. Assistant and for the period he will work as such Sr. Assistant in future. The respondents are directed accordingly. Further it is made clear that the petitioner shall have to seek his remedy in appropriate forum to persue his remedy, in case his service rights are infringed or come under shadow by action(s) of respondents adversely effecting him, as such officiating Sr. Assistant on the post, he is presently holding.
