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S. TALAPATRA
Subhash Roy – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. combined writ petitions for regularization. (Para 1 , 2 , 3) |
| 2. arguments on policy against regularization. (Para 4 , 5 , 6) |
| 3. court's observation on apex court guidelines. (Para 7 , 12) |
| 4. interpretation of irregular employment regulations. (Para 8 , 10 , 11) |
| 5. ruling for regularization with conditions. (Para 13 , 14 , 15) |
JUDGMENT
1. Having noticed the common question that wades through both the writ petitions being WP(C)No.536 of 2021 [Subhash Roy v. State of Tripura & 3 Ors.] and WP(C)537 of 2021 [Jagabandhu Debnath v. State of Tripura & 3 Ors.] those are combined for disposal by a common judgment.
2. The writ petitioners have urged for Mandamus directing the respondents to regularize their service for their completion of ten years of service by interfering with the decision of the Finance Department contained in the communication dated 02.08.2021 [Annexure-5 to the writ petitions]. There is hardly any difference in facts. Both the petitioners did join as DRW Orderly in the Legal Remembrancer's establishment on 20.12.2007. Thereafter, they have been uninterruptedly serving the respondents.
3. On 02.08.2021 by filing a representation [Annexure-4 to the writ petition
Completion of ten years of service gives a right to regularization, which cannot be negated by subsequent policy changes unless misconduct is proven.
High Courts cannot grant regularization of temporary employees unless they were appointed through a lawful selection process in accordance with constitutional norms.
The court established that long-term service and existing vacancies can warrant regularization, even if initial appointments were irregular, provided the employees meet certain criteria.
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