Govt Should Not Allow Workers To Remain As Temporary Employees For An Unreasonably Long Time: J&K&L High Court

Justice Moksha Kazmi Khajuria observed,

"Government in particular should not allow workers to remain as temporary employees for an unreasonable long period of time; this kind of exploitation of decades makes a temporary employee suffer to the great extent."

The observations were made while hearing a plea in terms of which the petitioner had sought direction upon the respondent J&K Board of School Education to regularize services of the petitioners against the Class-IV posts, as has been adopted in the case of other similarly placed Consolidated Workers.

Taking recourse to the available record the bench noted that the petitioners had been appointed as Consolidated Workers in the respondent-Board initially for a period specified in the order. The said terms of engagement was extended from time to time.

The court further noted that as per the policy decision taken by the respondent Board, an employee engaged on daily rated/Consolidated Worker, after completion of seven years of service, is entitled to regularization against class IV post and accordingly the respondents had from time to time, regularized the services of various Consolidated Workers, thereby, implementing the Policy decision taken by the Board in this behalf.

However in the case of petitioner, the bench noted that despite making various representations the same had been ignored by the respondents without any plausible reasons, meaning thereby that the respondents have implemented the policy decision only in respect of their favorites in total disregard of the fact that the petitioners were appointed much prior to the Consolidated Workers, who have been regularized by the respondent Board.

In order to address the contentions of the petitioners in an appropriate manner and as per law on the subject the bench found it worthwhile to record the observations of Supreme Court in Secretary, State of Karnataka and Ors Vs. Umadevi and Ors:

"There may be cases where irregular appointments (not illegal appointments) of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of courts or of tribunals. The question of regularization of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. "

In view of the above discussion and following the apex court precedent on the subject the bench allowed writ petition and directed the Competent Authority to consider the claim of the petitioners in light of the resolution passed by the Board of Governors as also various recommendations made in favour of the petitioners in the same manner as has been done in case of four similarly placed Consolidated Workers.

The respondent J&K State Board of School Education is further directed to pass a speaking order within a period of two months from the date copy of this Judgment is made available to the respondents, the bench concluded.

Case Title : Showkat Ahmad Najar & Ors Vs UT of J&K & Ors.

Citation : 2022 LiveLaw (JKL) 222

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