Gujarat High Court Directs State To Consider Regularization Of Contractual Employees Working In Coastal Security Since 11 Yrs
The Gujarat High Court has recently directed the State authorities to consider regularizing the services of Petitioner-employees, working on contractual basis on interceptor boats for coastal security in the State's Home Department since over 11 years.The Bench comprising Justice Biren Vaishnav noted that the Petitioners had been recruited, albeit, on a contractual basis, after...
The Gujarat High Court has recently directed the State authorities to consider regularizing the services of Petitioner-employees, working on contractual basis on interceptor boats for coastal security in the State's Home Department since over 11 years.
The Bench comprising Justice Biren Vaishnav noted that the Petitioners had been recruited, albeit, on a contractual basis, after a public advertisement and a duly constituted selection committee consisting of the Additional Secretary, Law & Order, Director of Sainik Welfare Board, a representative each of the police, navy and coats guard respectively and a Jilla Sainik Kalyan Officer.
Thus, it observed,
"In absence of any denial and on the materials of the recruitment rules being produced of 2008, it can be safely presumed that the petitioners who have been working over a period of time have not only with the passage of time but with the initial appointments made in accordance with the procedures of the selection committee are deemed to be qualified for being appointed on a regular basis at the hands of the government."
The Court ordered the Government to consider the case of the petitioners for appointments on a regular basis and for they being awarded a regular pay-scale which has been revised from time to time.
It further clarified that rhe petitioners' case shall be considered for regular pay-scale and allowances as primafacie their selection is in accordance with the prescribed manner which cannot be said to be an illegal appointment, which may at best, be irregular.
The Petitioners' primary contentions were that their contractual appointments had been renewed regularly and they had undergone all the necessary training and selection procedures. Further, they had provided round the clock services even at the odd hours for 11 years to protect the State from potent threats in the coastal zone. Reliance was made on the promise that was made to the Petitioners that when regular recruitment would take place, they would be regularised as employees.
The Petitioners were engaged on meager salaries whereas the actual salaries of the incumbents were much higher. Reliance was made on the recruitment advertisement to aver that the Petitioners possessed all qualifications and necessary antecedents to benefit from regularisation. Reference was made to State of Haryana vs. Piara Singh [(1994) 4 SCC 118] wherein the Supreme Court had opined:
"If for any reason, an adhoc or temporary employee is continued for a fairly long spell, the authorities must consider his case for regularisation provided he is eligible and qualified according to rules and his service record is satisfactory and his appointment does not run counter to the reservation policy of the State."
Per contra, the Respondents claimed that the Petitioners were aware that the appointment was contractual and also depended on weather conditions wherein sometimes their services were not required. Additionally, their appointment was made under relaxed qualifications for the given post. The relaxed qualifications in the recruitment rules were under consideration and meanwhile, the Petitioners' services were renewed from time-to-time.
While referring to the termination of the Petitioners 2-7 since the petition, the Bench directed that they be reinstated with due regularisation in consonance with the Recruitment Rules and thereby all benefits be extended to them by virtue of their regularisation.
Case Title: KABINDRA SATYANARAYAN SINGH Versus STATE OF GUJARAT THRU THE ADDL. CHIEF SECRETARY
Case No.: C/SCA/5289/2019
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