Part-Time Employees Can't Seek Regularization As Matter Of Right Contrary To Govt's Regularization Policy: Supreme Court

The Supreme Court observed that part-time temporary employees in a Government-run institution cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work. The bench of Justices MR Shah and AS Bopanna in the present matter was dealing with an appeal filed by the Centre assailing order passed by the Punjab and Haryana High Court wherein the Court had directed the Centre to revisit the whole issue related to regularisation policy, complete the exercise to reformulate their regularization/absorption policy and take a decision to sanction the posts in a phased manner. Bench while setting aside the High Court's judgement observed: "Thus, as per the law laid down by this Court in the aforesaid decisions, part-time employees are not entitled to seek regularization as they are not working against any sanctioned post and there cannot be any permanent continuance of part-time temporary employees as held. The regularization can be only as per the regularization policy declared by the State/Government and nobody can claim the regularization as a matter of right dehors the regularization policy." Factual Background Respondents (working as contingent paid part-time Sweepers ) approached the Central Administrative Tribunal ("CAT") seeking directions to frame a regularization/absorption policy for regularization of their service. The Tribunal on November 19, 1989, granted temporary status. Opposing the OA, the department argued that the applicants were contingent paid Safaiwalas working for less than five hours and, therefore, were not entitled for temporary status. It was also averred that there was no regular sanctioned post of Safaiwala in that particular Post Office in Chandigarh. The Ministry of Personnel, Public Grievances & Pensions (DoPT), Government of India on December 11, 2006, issued an OM declaring regularisation of qualified workers appointed against sanctioned posts in an irregular manner. The Department also framed a regularisation policy as per which Union of India, the State Governments and their instrumentalities were directed to take steps to regularize as a one-time measure the services of such irregularly appointed, qualified persons, in terms of the statutory requirement of the Rules for the posts, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals. On January 17, 2007, CAT while dismissing the respondent's application observed that since the Department needed the continuous service of Safaiwalas, they should advertise this post to appoint regular Safaiwala through the proper process of selection positively within three months. The tribunal also directed for considering the respondents for such selection after providing age relaxation to them under the relevant rules keeping in view they working for so many years without interruption. Directions were also issued to allow the Respondents to continue performing their duties with present status as part-time. Case Before High Court The High Court directed the Centre to revisit the whole issue, complete the exercise to reformulate their regularization/absorption policy and take a decision to sanction the posts in a phased manner. Directions were also issued to Union for allowing the employees to continue in service with their current status till framing of the policy and to grant minimum basic pay of Group 'D' posts from a particular date to those, who have completed 20 years of part-time daily wage service Aggrieved, the Centre approached the Top Court. Counsel's Submissions Appearing for the Union, ASG Madhvi Divan submitted that the directions issued by the High Court to sanction the posts could be said to be a policy decision, and, therefore, the High Court was not justified in issuing the Mandamus and/or direction to create and sanction the posts. Emphasising on the fact that even the High Court had observed that there were no sanctioned posts in the impugned judgement, ASG submitted that High Court, in the exercise of jurisdiction under Article 226 of the Constitution of India, should not ordinarily issue direction for absorption, regularization or permanent continuance unless the recruitment was itself done regularly and in terms of the constitutional scheme. Relying on the judgements in Union of India and Ors. Vs. A.S. Pillai and Ors., (2010) 13 SCC 448; State of Rajasthan and Ors. Vs. Daya Lal and Ors., (2011) 2 SCC 429 and Secretary, Ministry of Communications and Ors. Vs. Sakkubai and Anr. (1997) 11 SCC 224, ASG submitted that services of a part-time worker working on the post of a full-time worker cannot be regularized. Referring to Dr. Ashwani Kumar Vs. Union of India and Anr., (2020) 13 SCC 581; State of Karnataka and Anr. Vs. Dr. Praveen Bhai Thogadia, (2004) 4 SCC 684; Anuradha Bhasin Vs. Union of...

Part-Time Employees Can't Seek Regularization As Matter Of Right Contrary To Govt's Regularization Policy: Supreme Court

Shruti Kakkar

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