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MEENAKSHI MADAN RAI
Sonam Thendup Bhutia – Appellant
Versus
State of Sikkim – Respondent
JUDGMENT
Meenakshi Madan Rai, J. - The issue in this Writ Petition concerns the alleged indifference of the State-Respondents to the plea of the Petitioners appointed on ad hoc as Assistant Professors to regularise their services on parity with 28 (twenty eight) others, who were absorbed as regular employees in the post of Assistant Professors.
(ii) The Petitioner No.1 was appointed as Assistant Professor (Zoology) vide Office Order No.2063/DIR(HE)/HRDD, dated 02-02-2013, on ad hoc basis in the Namchi Government College, South Sikkim, while the Petitioner No.2 was appointed in the same College also on ad hoc as Assistant Professor (Botany) vide Office Order No.2380/DIR(HE)/HRDD, dated 13-09-2013. They both continue to serve in the Namchi Government College.
2. Learned Counsel for the Petitioner relying on Notification bearing No.F(85)/17/GEN/DOP, dated 27-04-2018, canvassed that the contents of the Notification assured all eligible temporary employees serving in the State on Workcharge, Muster Roll, ad hoc and Consolidated pay, continuously for five years or more as on 31-12-2018, under various Departments, that they would be considered for regularisation. That, pursuant thereto, vide
Regularization of public employment requires adherence to established recruitment processes; negative equality cannot justify irregular appointments.
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....
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
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....
The court ruled that employees employed for lengthy periods cannot be denied regularization of service, emphasizing principles of fairness and equality under the Constitution.
The principle of equality mandates that similarly situated individuals must receive akin treatment regarding service regularization, emphasizing that the failure to regularize the petitioners while o....
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