Excelsior Correspondent
Srinagar, Sept 27: High Court today dismissed the plea of employees of National Institute of Technology (NIT) seeking regularization of their services after completing seven years as casuals.
The NIT vide order No. 360 of 2007 dated 12th September 2007 engaged contractual/casual basis employees in its Computer Services Centre. They claimed in a petition filed before the High Court that they are eligible to be regularized as they are continuously performing their duty in the NIT since 2007.
Justice Vinod Chatterji Koul refused their claim by recording that right of seeking regularization cannot be claimed as a matter of right in as much as regularization can only be made in accordance with Regularization Policy in absence of sanctioned post.
Justice Koul added that the aggrieved persons were working as contractual employees and they were well aware of the fact that their services can be terminated at any time and have no right of seeking regularization.
“Petitioners, being contractual employees, cannot seek regularization of their services and cannot claim parity in salary with regular employees of respondents. Nevertheless, keeping in view the fact that petitioners have worked for more than ten years, their services will not be disengaged by any other similar arrangement. There is no merit in the instant writ petition and, as such, is dismissed”, read the judgment.
Justice Koul said, they cannot said to be holders of a post, since a regular appointment could be made only by making appointments consistent with the requirements of Article 14 and 16 of the Constitution of India.
The court clarified that the right to be treated equally with other employees employed on daily wages, cannot be extended to a claim for equal treatment with those who were regularly employed. That would be treating unequals as equals. It cannot also be relied on to claim a right to be absorbed in service even though they have never been selected in terms of relevant recruitment rules.
“Even temporary, ad hoc or daily-wage service for a long number of years, let alone service for one or two years, will not entitle such employee to claim regularization, if he is not working against a sanctioned post. Sympathy and sentiment cannot be grounds for passing any order of regularization in the absence of a legal right”, Justice Koul said.
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