Case of petitioners directed to be considered for regularisation of employment in light of long period of service

Manipur High Court: A Single Judge Bench comprising of Kh. Nobin Singh, J. directed the respondent Authorities to consider the case of petitioners for regularisation of service.

The petitioners filed the present petition challenging the letter of the respondent Director of Commerce and Industries, whereby new recruitment was sought to be made for the posts on which the petitioners were already engaged. The petitioners submitted that they were engaged on the concerned posts since as long back as two decades ago. They also prayed that they had a right to be regularised in service before attaining superannuation.

The High Court considered a long catena of precedents and held that the appointment in public employment is bound to be in accordance with equity and equal opportunity. Though Article 309 of the Constitution empowers the State to frame rules and policies in the matter of public employment, still the State should not lose sight of the principles contained in Articles 14 and 21 of the Constitution. In the instant case, though the lacuna on the petitioners’ side was there as they did not present their case at relevant time before proper Authority, still considering the facts and circumstances that the petitioners had been in duty for long periods and many of them were about to reach the age of superannuation, the Court directed the respondents to consider the case of the petitioners for regularisation of service on the concerned posts in accordance with and on the grounds as discussed by various courts in the decisions referred to by the High Court in the instant matter. The petition was disposed of accordingly. [Khadangbam Subol Singh v. State of Manipur, 2018 SCC OnLine Mani 40, dated 10-5-2018]

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