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HIGH COURT OF JAMMU AND KASHMIR
IRHANA JAN AND ANR. – Appellant
Versus
UNION OF INDIA AND ORS. (NATIONAL INSTITUTE OF TECHNOLOGY) – Respondent
JUDGMENT :
1. Petitioners pray to direct respondent to regularize their services and brought them under regular establishment with effect from the date they have completed seven years’ service with service benefits attached to the post, with a further direction to respondents not to discontinue them till they are brought on regular establishment.
2. The case set up by petitioners is that respondents issued order no.360 of 2007 dated 12th September 2007 pursuant to which they have been engaged on contractual/casual basis in National Institute of Technology, Hazratbal, Srinagar in its Computer Services Centre on monthly remuneration of Rs.3000/-. According to petitioners they are eligible to be regularized as they are continuously performing their duty in respondent-Institute.
3. Reply has been filed by respondents 2&3, in which they state that petitioners have no right of continuation muchless seeking regularization. Respondents also aver that relief sought by petitioners is hit by judgement passed by the Supreme Court in Secretary State of Karnataka v. Oma Devi and others, (2006) 4 SCC 1.
4. Heard and considered.
5. Engagement order(s), by virtue of which petitioners have been engaged a
Contractual employees lack a fundamental right to regularization; such claims must comply with constitutional provisions and relevant recruitment rules.
Contractual employees cannot claim regularization without a formal appointment or established employer-employee relationship.
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
The court affirmed that contract laborers engaged in perennial work are entitled to regularization of services, emphasizing the need for equitable treatment among similarly situated employees.
Court established that employees working for over ten years on sanctioned posts are entitled to regularization under established rules, reinforcing protections against arbitrary dismissal.
Longstanding service in a sanctioned post establishes right to regularization despite procedural irregularities in recruitment, supporting equitable treatment of long-term employees.
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