Tuesday, December 3, 2024

Regularization of service - Adhoc employees are entitled to be regularised in service if they have worked for a long period to time – Delhi High Court

14.11.2024

Delhi High Court

 

Regularization of service - Adhoc employees are entitled to be regularised in service if they have worked for a long period to time – Delhi High Court

 

Delhi High Court on 14.11.2024 directed the Delhi Agricultural Marketing Board to regularize the services of ad-hoc Assistant Secretary-I with all consequential benefits. Directive paragraphs of Order dated 14.11.2024, passed by Delhi High Court in ‘Jitender & Ors. Vs. Delhi Agricultural Marketing Board & Ors.’, WPC No. 13332/2018, reads as under: -

 

11. In my view, case of the Petitioners squarely falls within the four corners of the judgment of the Supreme Court in Vinod Kumar and Others v. Union of India and Others, 2024 SCC OnLine SC 1533, where the Supreme Court has observed that essence of employment and rights thereof are to be determined by looking at the actual course of employment as it has evolved over a period of time. Continuous service in the capacity of regular employees, performing duties indistinguishable from those in permanent posts and their selection through a process that mirrors the process of regular recruitment constitute a substantive departure from a temporary and scheme specific nature of initial engagement. It was held that the appellants in that case were promoted by a process overseen by DPCs and their sustain service over several years without any indication of temporary nature of their roles merited a reconsideration of their employment status. Significantly, the Supreme Court also observed that the judgment in Secretary, State of Karnataka and Others v. Uma Devi (3) and Others, (2006) 4 SCC 1, itself distinguishes between irregular and illegal appointments underscoring that the appointments made after following the procedure for regular appointments such as conduct of written examination or interview etc. cannot be termed as illegal.

 

12. In Uma Devi (supra), the Supreme Court observed that there may be cases where irregular appointments (not illegal appointments) are made of people who are duly qualified and against duly sanctioned posts and employees have continued to work for 10 years or more but without intervention of the Courts or Tribunals, question of regularisation of their services must be considered on merits. The principles elucidated in Vinod Kumar (supra) and Uma Devi (supra), were recently echoed in Rajkaran Singh and Others v. Union of India and Others, 2024 SCC OnLine SC 2138 and the Supreme Court observed that the essence of employment cannot be merely determined by initial terms of appointment and applied this principle to the case under consideration and held that the appellants were consistently treated as equivalent to regular Government employees and mere classification as temporary was only a formal nomenclature.

 

13. It bears repetition to state that in the present case, Petitioners were promoted to the post of Assistant Secretary-I through a regular process of promotion after satisfying all eligibility criteria and on recommendations of DPCs and have continued on sanctioned posts over a considerable period of time. The trajectory of the career path shows that they were performing jobs indistinguishable from the regular employees and significantly Respondents made no effort to revert them to the feeder cadres understanding the method by which they were promoted. Petitioners have illustrated through Office Orders that several other persons appointed as Assistant Secretary-I were regularised though their initial appointments were on ad hoc basis and this position is uncontroverted.

 

14. In view of the aforesaid, this writ petition is allowed directing the Respondents to regularise the service of the Petitioners from the respective dates of their appointments on the post of Assistant Secretary-I on ad hoc basis, save and except, in the case of Petitioner No. 1 who has expired during the pendency of this petition and the legal heirs have chosen not to contest the petition. All consequential benefits flowing out of regularisation shall be granted to the Petitioners.

 

15. Writ petition stands disposed of in the aforesaid terms.

 

[Jitender & Ors. Vs. Delhi Agricultural Marketing Board & Ors., WPC No. 13332/2018, decided on 14.11.2024, Delhi High Court]

 

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Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

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