Can't Perpetuate "Pernicious Practice" Of Indefinite Irregular Appointment: Jharkhand HC Orders Regularization Of Clerk After 10 Yrs
Live LawThe Jharkhand High Court in a recent judgement, has directed the State to regularise the services of an appellant who had been engaged as a Computer Operator on a daily-wage basis since 2008 and later on a contractual basis. Ramachandra Rao and Justice Deepak Roshan observed, “We are of the opinion that utilizing the services of the appellant from 2008, is practically indistinguishable from an appointment in a permanent post of clerk who is also engaged in doing typing on computer and data entry.” Overturning the Single Judge's decision, the Court's division bench directed the State to regularise the appellant's service as a clerk on par with other employees whose services were regularized on July 22, 2022. The Court stated, “The appeal is partly allowed; the judgment of the learned Single Judge is set aside; and the respondents are directed to regularize the services of the appellant as a Clerk at par with the persons regularized on 22.07.2022. within three months from the date of receipt of a copy of this order.” The appellant was initially appointed as a Computer Operator on a daily-wage basis in the Social Security Cell, Giridih, for three months in 2008, with his service subsequently extended periodically. The Supreme Court in its judgement had criticised the Union Government, the State Governments, their departments and instrumentalities for resorting to irregular appointments in the lower rungs of the service, without reference to the duty to ensure a proper appointment procedure through the Public Service Commissions or otherwise as per the rules adopted and to permit such irregular appointees or those appointed on contract or on daily wages, to continue year after year. “The learned Single Judge, in our opinion, erred in holding that the scheme of regularisation framed by the State in 2015 through a Circular dated 13.02.2015 as modified on 20.06.2019 would not apply in the case of persons like the appellant because they have been appointed on contractual basis, which are not irregular appointments.
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