Service Law – Regularization – Temporary appointment – The appellants’ pleaded for regularization and absorption into the posts of ‘Accounts Clerk’ against which they were temporarily appointed:
Held: The essence of employment and the rights thereof cannot be merely determined by the initial terms of appointment when the actual course of employment has evolved significantly over time – The continuous service of the appellants in the capacities of regular employees, performing duties indistinguishable from those in permanent posts, and their selection through a process that mirrors that of regular recruitment, constitute a substantive departure from the temporary and scheme-specific nature of their initial engagement – Moreover, the appellants’ promotion process was conducted and overseen by a Departmental Promotional Committee and their sustained service for more than 25 years without any indication of the temporary nature of their roles being reaffirmed or the duration of such temporary engagement being specified, merits a reconsideration of their employment status – The appellants’ service conditions, as evolved over time, warrant a reclassification from temporary to regular status – The failure to recognize the substantive nature of their roles and their continuous service akin to permanent employees runs counter to the principles of equity, fairness, and the intent behind employment regulations – Thus, the judgment of the High Court set aside. [Paras 5, 8, 9]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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