Court Finds State's Denial of Regularization to Long-serving Employees Arbitrary and Unjust
In a landmark judgment, the Punjab and Haryana High Court has directed the State of Haryana to regularize the services of long-term temporary employees who have been engaged for essential duties over several decades. The court, presided by Mr. Sandeep Moudgil, J., found that the State's failure to consider the regularization of such employees despite existing policies amounted to arbitrariness and exploitation.
The judgment came in response to a series of writ petitions filed by Joginder and others, challenging the State's inaction in regularizing their services despite fulfilling the eligibility criteria outlined in various regularization policies issued by the Haryana Government. The petitioners, many of whom have served as daily wage workers for nearly three decades, argued that their long-term engagement in essential roles created a legitimate expectation for regularization.
The court emphasized that the State, as a model employer, is obligated to undertake a fair consideration of regularization claims, particularly for employees engaged in duties of a permanent nature. It criticized the State's reliance on procedural objections and the absence of sanctioned posts as reasons to deny regularization, deeming such excuses arbitrary and contrary to constitutional ethics.
Citing precedents from the Supreme Court, including the notable cases of State of Karnataka v. Uma Devi and M.L. Kesari, the court underscored that judicial review extends to correcting arbitrary actions by the State, especially when it selectively applies policies to the detriment of employees' rights.
The court directed the State to regularize the petitioners' services and provide all consequential benefits, including arrears with interest, within eight weeks. This judgment is expected to impact similar cases and reinforce the rights of temporary workers across the State.
Bottom Line:
Service Law - Regularization of employees - Temporary, contractual, or daily wage workers engaged for a considerable period, performing duties of perennial nature, acquire legitimate expectation for regularization - Non-consideration of their claims amounts to arbitrariness and exploitation.
Statutory provision(s): Articles 14, 16, 226/227 of the Constitution of India
Joginder v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2832128
