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SANJIB BANERJEE, B. BHATTACHARJEE
Mithu B. Marak – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
Sanjib Banerjee, C.J.
These two appeals are directed against a common judgment and order of August 14, 2023 passed on two sets of petitions under Article 226 of the Constitution.
2. The grievance carried by both sets of petitioners – the appellants herein – was two-fold. They claimed that by virtue of their long service, albeit as temporary peons in the Meghalaya (Civil) Secretariat, Shillong, they were entitled to be regularised under the Service Rules, 1986 rather than be considered under the Regular Casual Workers Scheme, 1996. The second limb of complaint was that the appellants herein had been exploited by the State in the sense that the appellants were required to do all duties as regular peons but were discriminated against and were not afforded either equal pay or equal benefits though doing the same work.
3. Pursuant to an advertisement issued on January 20, 2012, seeking applications for temporary engagement as peons in the Meghalaya (Civil) Secretariat on payment of daily wages at rates fixed by the State government under the Minimum Wages Act from time to time for unskilled labour, the appellants applied. It is the case of the appellants that a proper examination
The State must uphold fair employment practices, ensuring that longstanding contractual employees receive regularization if their roles are recurring and essential to the organization.
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Long-term employees performing essential and continuous functions may claim regularization after a decade of service, despite previous procedural irregularities.
Regularization of employees with irregular appointments who have served for a significant duration is constitutionally mandated when they fulfill essential duties, emphasizing equity and justice in p....
Long-term temporary employment in a sanctioned post qualifies employees for regularization when no lawful recruitment process is conducted, affirming their rights and job security.
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
The court reaffirmed that long-serving employees, despite irregular appointments, are entitled to regularization, emphasizing the importance of continuity of service without considering minor lapses ....
Regularization of long-serving daily wage employees is mandated after 10 years of service, acknowledging functional continuity despite initial irregularities, violating constitutional rights otherwis....
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