IMPORTANT POINT
The main legal point established in the judgment is that contractual employees who have served for more than ten years without the protection of any interim order are entitled to be considered for regularization, and the employer is duty-bound to consider their claims sympathetically and legally.

JUDGMENT

1. Heard Mr.Kh. Tarunkumar, learned senior counsel for the petitioners; Mr.Salam Samarjeet, learned counsel for the first respondent and Mr.B.P.Sahu, learned senior counsel for the respondents 2 and 3.

2. This writ petition has been filed by the petitioners to direct the respondents to regularize the services of the petitioners to the posts which they have been holding for more than 10 years continuously.

3. The learned senior counsel appearing for the petitioners submitted that the petitioners have been appointed/engaged on contract basis as Superintendent; Junior Assistant; Hostel Supervisor and Technical Assistant in National Institute of Technology, Manipur on 20.7.2010; 13.8.2010; 3.8.2011 and 19.12.2011 respectively. He would submit that though they were initially appointed for a limited period, subsequently their services were extended from time and still they are working on contractual engagement and the last extension given to them was with effect from 9.9.2021 for a period of six months.

4. The learned counsel further submitted that while so working, on 8.3.2021, the petitioners have submitted a representation to the Director, NIT requesting regularization of their services by considering their long service. The learned senior counsel submitted that the petitioners have been continuously serving for more than 10 years in their respective duly sanctioned posts without any protection. Hence, they are entitled to be regularized against their posts in view of the decisions of the Hon'ble Apex Court.

5. The learned counsel urged that though the petitioners possessed all essential qualifications prescribed for their respective posts, till date, their services have not been regularized by the authorities of the NIT. Further, the authorities of the NIT does not pay any attention to the request of the petitioners. Hence, they have approached this Court for direction to regularize the services of the petitioners considering their long service.

6. Per contra, Mr. BP Sahu, the learned senior counsel appearing for the respondent NIT submitted that there is no clause or statement in the NIT statutes or the recruitment rules with regard to regularization of contractual employees in terms of their long service. He submit that in fact the matter has been discussed at 11th Board of Governor meeting held on 4.7.2018 and also at 17th Board of Governor meeting held on 13.8.2019 for age relaxation in respect of contractual staff and the Board of Governor always advises to regularize and/or make regular appointment as per the norms of the existing recruitment rules of NIT and the said norm is being followed by the NIT since long time back.

7. The learned senior counsel further submitted that in the appointment orders itself it has been stated that their appointments are contractual and can be terminated by the authorities. The learned senior counsel would submit that mere extension of service for long term do not give any fundamental right to the petitioners for claiming regularization of their service and that the services of the petitioners is subject to the NIT statute and its recruitment rules. Since the relaxation of upper age limit for all contractual employees for appearing in the non-teaching recruitment exam of NIT, Manipur has been permitted by the Board of Governor as per the revised recruitment rule issued by the Ministry, the contention of the petitioners is baseless.

8.He.rd Mr. Salam Samarjeet, Senior PCCG appearing for the first respondent Union of India. In his argument he presented that the Union of India has no role to play in this case but the NIT alone is the competent authority to counter the petitioners' case.

9. This Court considered the rival submissions and also perused the material available on record.

10. There is no dispute that the Director, NIT, Manipur issued notification for walk-in-interview on 7.7.2010 for recruitment of various posts in the NIT, Manipur, including the posts of Superintendent/ Accountant a