Supreme Court Mandates Regularization of Long-Serving Contractual Employees in Jharkhand Apex Court Rules Against Arbitrary State Action, Upholds Constitutional Mandate of Fairness in Employment
In a landmark judgment, the Supreme Court of India has directed the State of Jharkhand to regularize the services of long-serving contractual employees, emphasizing the principles of equality and fairness in public employment. The ruling, delivered by a bench comprising Justices Vikram Nath and Sandeep Mehta, underscores the state's obligation as a model employer to act with fairness and dignity.
The case, Bhola Nath v. State of Jharkhand, revolved around the appellants, who had been employed on a contractual basis for over a decade in sanctioned posts of Junior Engineers (Agriculture). Despite continuous service and satisfactory performance, these employees faced the risk of disengagement due to the state's reliance on contractual terms to deny them regularization. The Supreme Court, in a detailed analysis, found such actions arbitrary and violative of Article 14 of the Constitution, which guarantees equality before the law.
The Court criticized the mechanical application of contractual stipulations to deny regularization, pointing out the state's duty to uphold constitutional protections against arbitrary state action. The judgment further highlighted the doctrine of legitimate expectation, asserting that employees who have served continuously for an extended period have a rightful expectation of regularization. The bench noted that the practice of engaging employees under labels like "contractual" or "temporary" for prolonged periods without regularization is deprecated.
In its decision, the Supreme Court set aside previous High Court judgments that denied regularization, directing the State of Jharkhand to immediately regularize the appellants against the sanctioned posts they held. The appellants are also entitled to all consequential benefits from the date of the judgment.
This ruling not only rectifies the immediate grievances of the appellants but also sets a precedent for fair treatment of contractual employees across the country. It reiterates the state's role as a model employer, ensuring that public employment is conducted with fairness, equity, and respect for constitutional values.
Bottom Line:
Constitutional principles of equality and fairness in public employment emphasized; long-standing contractual employees cannot be arbitrarily denied regularization on the mere basis of contractual terms.
Statutory provision(s): Article 14, Article 16 of the Constitution of India, Section 23 of the Indian Contract Act, 1872.
Bhola Nath v. State of Jharkhand, (SC) : Law Finder Doc Id # 2845757
