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RAJESH SHANKAR
Md. Rashid – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
The present writ petition has been filed for issuance of direction upon the concerned respondents to regularize the services of the petitioner nos. 1 to 4 on the post of Accountant-cum-Computer Operator, the petitioner no. 5 on the post of Cook and the petitioner no. 6 on the post of Science Teacher as they have been working for more than 10 years on the said posts on fixed remuneration in Kasturba Gandhi Residential Girls School situated in different Blocks of Sahebganj district.
2. Learned counsel for the petitioners submits that in the light of instruction issued by the respondent no. 3 vide letter no. 320 dated 09.05.2008, an advertisement was issued on 12.07.2008 under the joint signature of Deputy Commissioner-cum-Chairman, Jharkhand Education Project, Sahebganj and District Programme Officer, Jharkhand Education Project, Sahebganj whereby applications were invited for appointment on different posts including the posts of Science Teacher, Accountant-cum-Computer Operator and Cook in Kasturba Gandhi Residential Girls School situated in three different Blocks of the district-Sahebganj on contract basis under the scheme “Sarva Shiksha Abhiyan”. Pursuan
Long service on a contractual basis does not confer a right to regularization or equal pay as per established legal principles.
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Contractual employment lacks the basis for regularization when appointments are made in violation of statutory provisions, emphasizing the necessity for adherence to legal recruitment processes.
The main legal point established in the judgment is the entitlement of employees to regularization after completing ten years of service on sanctioned and vacant posts, as supported by constitutional....
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
Point of law : The one-time exercise should consider all daily-wage/ad-hoc/casual employees who had put in 10 years of continuous service as on 10-4-2006 without availing the protection of any interi....
Regularization of services for employees who have served for over ten years is a right that must be considered by the state, provided there are no valid objections, and the state must adhere to its o....
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