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State Cannot Deny Regularisation Of Long-Serving Contract Staff Appointed On Sanctioned Post By Due Process : Supreme Court

Live Law
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Summary

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Key Points:

  • The Supreme Court ruled that the State cannot deny regularization to long-serving contract staff appointed on sanctioned posts, emphasizing that abrupt discontinuation based solely on contractual status is arbitrary.
  • The Court invoked the doctrine of legitimate expectation, stating that employees who have served satisfactorily for over a decade are entitled to regularization despite their initial contractual labels.
  • This ruling highlights the obligation of the State as a model employer and sets a precedent against exploitative employment practices involving prolonged contractual engagements.

Background: The case involved contractual workers appointed as Junior Engineers in Jharkhand's Land Conservation Directorate in 2012. Despite being labeled as temporary and contractual, they received multiple extensions based on satisfactory performance over ten years. Their appeal followed the Jharkhand High Court's dismissal of their challenge regarding their right to regularization.

What's Next: The State of Jharkhand is directed to regularize the services of the appellants immediately and provide them with all consequential service benefits from the date of the judgment.

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