Govt Should Not Allow Workers To Remain As Temporary Employees For An Unreasonably Long Time: J&K&L High Court
Case: Showkat Ahmad Najar & Ors Vs UT of J&K & Ors.
Coram: Justice Moksha Kazmi Khajuria
Case No.: WP (C) No. 3939/2019
Court Observation: “Government in particular should not allow workers to remain as temporary employees for an unreasonable long period of time; this kind of exploitation of decades makes a temporary employee suffer to the great extent.”
“There may be cases where irregular appointments (not illegal appointments) of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of courts or of tribunals. The question of regularization of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed.”
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