Regularization of public employment requires adherence to established recruitment processes; negative equality cannot justify irregular appointments.

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 Office Order No.348/DIR(HE)/HRDD, dated 22-09-2018, 8 (eight) persons were appointed to the post of Assistant Professors in Bhutia, Limboo and Lepcha respectively, sans interview, in the Pay Band of Rs.15600-39100 with Academic Grade Pay of Rs.6,000/- per month, plus admissible allowances, with effect from the date of their joining. The Petitioners who were also equally eligible were excluded from such appointment. That, aggrieved by the exclusion, the Petitioner No.1 filed an application before the Respondent No.2 under the Right to Information Act seeking information on the number of ad hoc Assistant Professors whose services had been regularised. The concerned authority informed that 28 (twenty eight) ad hoc Assistant Professors in Humanities, Commerce and Language subject were regularised/absorbed as 'regular' to the post of Assistant Professors. It was contended that the inequity meted out to the Petitioners is apparent as the services of one Tshering Chopel Bhutia whose name appears at Serial No.22 in the response provided by the Respondent No.2 (Annexure P8 dated 13-01-2020) had also been regularised, although, he had been initially appointed on ad hoc along with the Petitioner No.1 vide Office Order dated 02-02-2013. That, a legal notice was issued to the Respondent Nos. 1 and 2 (Annexure P9) by the Petitioners requesting regularisation of their services and thereby parity with the other Assistant Professors, to no avail. Hence, the prayers inter alia in the Writ Petition;

(i) To direct the official Respondents to regularised (sic) the services of the Petitioners as per the Notification dated 27-04-2018, since they are duly qualified and have the same qualification as of the regular Assistant Professors and after perusal of the records, causes shown, if any and upon hearing the parties, may be pleased to make the Rule absolute and/or pass any other order/orders/directions as Your Lordship deem fit and proper for the ends of justice.

3. Learned Additional Advocate General, for the State- Respondents, repudiated the Petitioners' claim contending that regularisation of service in terms of Notification dated 27-04-2018 supra was in fact issued by the State-Respondent No.1 for the purpose of regularisation of services of temporary employees serving in the Grade Pay of Rs. 1400, Rs. 1800 and Rs. 2300 respectively, falling under Group 'C' and 'D' categories. That, undisputedly the pay scales prescribed for the post of Assistan