Himachal Pradesh High Court Orders Regularization of Long-Term Contractual Computer Operators

Court cites violation of constitutional rights, mandates regularization from October 2017 for workers with over 18 years of service

In a landmark judgment, the Himachal Pradesh High Court has directed the State Government to regularize the services of Computer Operators who have been working on a contractual basis for over 18 years. Presiding Judge Mr. Sandeep Sharma ruled that the continued contractual employment of these workers violates Articles 14 and 16 of the Constitution of India, which uphold the principles of equality and fairness in employment practices. 

The case involved a group of petitioners, led by Subhash Kumar, who were employed as Computer Operators under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). Despite their skilled work, they were denied regularization even after completing the requisite six years of service as stipulated by the Himachal Pradesh Government's policy. The court emphasized that financial stringency cannot be a valid ground to deny regularization and fairness in employment.

The judgment highlighted that the petitioners were initially appointed on a contract basis with a fixed remuneration, which was later enhanced, and they were granted regular pay scales in 2017. However, they were still deprived of benefits such as earned leaves and medical allowances. The court noted that similar situated employees had been regularized and found no justification for the arbitrary denial of the petitioners' regularization.

The judgment further criticized the respondents' claim that the petitioners were engaged under a scheme meant for unskilled manual work, stating that skilled Computer Operators cannot be assigned such tasks. The court ordered that the petitioners be regularized from October 9, 2017, when they were granted regular pay scales, and that this period be counted for seniority purposes.

The decision has been hailed as a significant step towards ensuring fairness and equity in employment practices within government departments, reinforcing the constitutional mandate against arbitrary employment practices.

Bottom Line:

Regularization of employees - Long-term contractual employment without regularization violates Articles 14 and 16 of the Constitution of India - Employees who have completed six years of service on contract basis are entitled to regularization in terms of government policy. 

Statutory provision(s): 

• - Articles 14 and 16 of the Constitution of India
• - Mahatma Gandhi National Rural Employment Guarantee Act, 2005

This judgment sets a precedent for similar cases across the country, emphasizing the court's role in safeguarding the rights of employees against prolonged and unjust contractual employment.

Subhash Kumar v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2778851