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2025 Supreme(Online)(CAT) 2640
CENTRAL ADMINISTRATIVE TRIBUNAL
RAJNISH KUMAR RAI, J, M. L. SRIVASTAVA, AM
Sri Sankar Saha – Appellant
Versus
The Union of India – Respondent
Original Application 041/00281/2022
For the Appellants/Petitioners: Shri P. Maishan
For the Respondents: Ms. R.S. Choudhury, NVS Counsel
Temporary employees may be entitled to regularization after long service, but must comply with proper recruitment procedures.
Headnote:(A) Central Administrative Tribunal Act, 1985 - Regularization of service - Employment of temporary workers - The applicant sought regularization after ten years of service as a Daily Wage Worker, which was denied due to lack of formal appointment process. The Tribunal emphasized adherence to proper recruitment procedures and referenced Supreme Court precedent regarding employee rights. (Paras 28, 29)
(B) Employment Rights - The court highlighted issues of exploitation of temporary employees and the importance of fair employment practices, urging compliance with legal standards for job security and regularization. (Paras 25, 26)
Facts of the case:
The applicant served as a Daily Wage Casual Worker since 2009 but faced termination during the pandemic, which was subsequently set aside by the Tribunal. Despite this, regularization was contested due to procedural lapses in his initial engagement.
Findings of Court:
The Tribunal directed the respondent authority to consider the applicant's case for regularization within three months, noting the need for fair treatment of long-serving temporary employees.
Issues: The primary issue was whether the applicant, having served for over a decade, was entitled to regularization despite procedural irregularities in his initial appointment.
Ratio Decidendi: The Tribunal ruled that mere length of service does not confer rights to regularization without adherence to proper recruitment procedures, emphasizing that fairness in employment practices must be upheld.
Result: The original application is allowed with directions for consideration of regularization.
| Table of Content |
|---|
| 1. service regularization after ten years of employment. (Para 1 , 2 , 3) |
| 2. claims for regularization based on length of service. (Para 4 , 5) |
| 3. procedural adherence in employee engagement. (Para 6 , 10) |
| 4. importance of fair employment practices. (Para 7 , 8 , 9) |
ORDER (ORAL)
PER: RAJNISH KUMAR RAI, MEMBER(J):
Instant Original Application (O.A.) has been filed by the applicant for direction upon the respondents to regularize his service in the post of MTS, on completion of 10 years of service in the post of Daily Wage Casual Worker, and to frame a Scheme to regularize the service of the applicant.
2. The brief facts as emerged from pleadings are that the applicant joined service as a Daily Wage Casual Worker on 15.08.2009 under the respondents. On 21.09.2011, the Principal (I & C) Jawahar Navodaya Vidyalaya (NVS) issued a certificate certifying that the applicant had been working in the Vidyalaya as a Daily Sage Casual Worker for the last two years with usual break. On 05.03.2020 the Magistrate & Collector, Dharmanagar, North Tripura Cum Chairman VMC, JNV North Tripura informing him that the applicant i.e Sanakar Saha is working in JNV Kherengiuri as Daily Wage Worker since last ten years or so. His work culture as observed these days is below satisfactory level and on being given any instruction he retorts frequently displaying his station seniority. Therefore, requested to accord approval regarding the termination of service of Sankar Saha after 31.03.2020. Thereafter, the Principal (I&C) JNV North Tripura vide letter dated 01.04.2020 terminated the applicant from his service w.e.f. 31.03.2020.
3. Against the termination order applicant has approached the Central Administrative Tribunal (CAT), Guwahati Bench through OA 208/2020, which was allowed vide order/judgement dated 11.03.2021 with following order/direction :-
“Keeping in view of the fact that Govt. of Indiahas instructed vide their letter under No. M-11011/08/2020-Media dated 20.03.2020that no Employees of Public/Private Establishmentsparticularly casual/contractual workers were to be terminated during Covi-19 pandemic and the present applicant having been terminated during the same period, we found that the action on the part of respondent authorities is not only fair but also against the official instructions of the Higher Authorities. The termination order No. 1- 2/JNV(North Tripura)/2019-20dated 01.04.2020 is hereby set aside.”
4. Learned counsel submitted that in compliance of the aforesaid direction of this Tribunal, the respondent authorities vide Office Order dated 07.04.2021 (Annexure-A/12)permitted the applicant to continue as Daily Wage Worker at JNV North Tripura with immediate effect, with stipulation that the engagement of Shri SankarSaha as Daily Wage Worker is purely temporary with further observation that said order will not confer any right for Shri SankarSaha to claim for regularisation or retention of service in the Samiti at par with the permanent staff of the Vidyalaya. Thereafter, vide Office Order dated 09.04.2021 (Annexure-A/13), the Principal, JNV, North Tripura had passed an Office order in compliance of the Judgement/Final order dated 11.03.2021 in OA No. 208/2020 and in pursuance of NVS, RO ShillongOrder F.No. 17/CC/NVS(SHR)S.Saha/66, dated 07.04.2021, has engaged Mr. SankarSaha as a daily wage worker in this JNV w.e.f. 09.04.2021. Thereafter, he is continuously working and discharging duties as Multi Tasking Staff.
5. Learned counsel for applicant submits that applicant had again made a representation/appeal dated 31.10.2022 before the respondent authority for considering him to get a regular grade-IV job in NVS. He further submitted that applicant had started working in the said post since 2007 at JNV,immediately after opening of the said Vidyalaya, but his engagement letter was as Daily Wage Casual Worker. He further submitted that one Shri JadabAcharjee was engaged after getting sponsored by Employment Exchange and subseque
