Gauhati High Court Upholds Amendments to Recruitment Rules, Dismisses Petition for Regularization

Petitioner Robin Padung's plea for regularization as a Driver in Arunachal Pradesh dismissed; court emphasizes adherence to amended recruitment rules.

The Gauhati High Court's Itanagar Bench, presided over by Justice Manish Choudhury, has dismissed a writ petition filed by Robin Padung, seeking regularization of his service as a Driver in the Labour and Employment Department of Arunachal Pradesh. The judgment underscores the binding nature of recruitment rules framed under Article 309 of the Indian Constitution, highlighting the legislative character of such amendments.

Robin Padung, who has served as a Contingency Driver for over 12 years, approached the court challenging the Arunachal Pradesh Staff Selection Board’s advertisement for direct recruitment to a Driver post. He contended that his long service merited regularization, drawing parallels with the case of another driver, Paresh Das, who was regularized in 2020.

Justice Choudhury, after hearing arguments from both sides, noted that the amendments to the recruitment rules in 2024 clearly delineate the process for filling vacancies. The amended rules stipulate that 50% of Group 'C' Driver vacancies are to be filled through direct recruitment, while the remaining 50% are reserved for Limited Departmental Competitive Examination (LDCE), split equally between Contingency Skilled Drivers and Handymen.

The court acknowledged Padung’s service record but clarified that the vacancy in question was designated for direct recruitment as per the amended rules. It further emphasized that regularization was no longer an option post-amendment, with LDCE being the sole pathway for promotion from contingency positions.

Justice Choudhury reiterated the constitutional standing of rules under Article 309, likening their force to that of statutory law, and affirmed their retrospective application. The court found no grounds to interfere with the ongoing recruitment process and dismissed Padung’s petition as lacking merit.

The decision reaffirms the legal framework governing public service appointments and the necessity for adherence to stipulated recruitment procedures, even amidst calls for regularization based on long-term service.

Bottom Line:

Recruitment Rules under Article 309 of the Constitution are constitutional in nature and have the same force as a statute. Amendments in such rules can prescribe specific methods for promotion and recruitment, and regularization is subject to the provisions outlined in the rules.

Statutory provision(s): Article 309 of the Constitution of India, Recruitment Rules for Group - 'C' Driver, General Arunachal Service, Group - 'C' Driver, Non-Gazetted, Non-Ministerial, Common Recruitment Rules 2006 and 2024 Amendments.

Robin Padung v. State of Arunachal Pradesh, (Gauhati)(Itanagar Bench) : Law Finder Doc Id # 2816440