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M. V. MURALIDARAN
Moirangthem Rajen Singh, S/o. M. Mani Singh – Appellant
Versus
State of Manipur, through the Principal Secretary/Commissioner/Secretary, Textiles, Commerce and Industries – Respondent
JUDGMENT : .
(M.V. Muralidaran, J.) :
This writ petition has been filed by the petitioners to quash the impugned order dated 10.1.2019 passed by the second respondent and to regularize/absorb the services of the petitioners within a time frame.
2. The case of the petitioners is that they were initially engaged as skilled Artisans of various categories/trades, sweeper and demonstrator of the Department of Industries since the year 1981 up to the year 1994 and since then they have been serving in the same capacities, however, their wages have been revised from time to time. The petitioners have been drawing meager wages/pay and allowances with a legitimate expectation that their services shall be regularized by the respondent authorities. While so, on 14.7.2016, the Principal Secretary, Commerce and Industries, Government of Manipur, addressed a communication to the Additional Director, Directorate of Employment Exchange requesting candidates for appointment of various categories of posts, including the posts in which the petitioners have been serving for decades together. Being aggrieved, the petitioners have filed W.P.(C) No.626 of 2016 to quash the said letter dated 14.7.2016 and to
Continuous and necessary service by contractual employees requires consideration for regularization, transcending mere contractual limitations, provided sanctioned posts exist.
The court established that employees cannot claim regularization unless they are working against sanctioned posts, as per the Jharkhand Regularization Rules of 2015 and 2019.
Long-term contractual employees performing essential work are entitled to regularization despite prior undertakings barring such claims, as continuous service establishes the need for employment righ....
The main legal point established in the judgment is the entitlement of employees to regularization after completing ten years of service on sanctioned and vacant posts, as supported by constitutional....
Longstanding service in a sanctioned post establishes right to regularization despite procedural irregularities in recruitment, supporting equitable treatment of long-term employees.
Long-serving employees engaged under judicial orders are entitled to regularisation despite initial irregularities, emphasizing fairness and continuous service.
Policy for regularization must honor prior engagements if criteria are met, despite subsequent changes in policy restricting claims.
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