HC dismisses regularisation plea of Chandigarh MC’s contractual employees
The Punjab and Haryana high court has dismissed a plea from over a dozen contractual employees, who were seeking regularisation of their services with the Chandigarh municipal corporation.
The plea filed by Shinu Gupta and others had demanded that the UT administration be directed to frame a policy for regularisation of the contractual employees. The petitioners also demanded that the recruitment process for 41 additional posts be scrapped and they be appointed instead since they had been working for 13-15 years now.
It was also demanded a policy to regularise contractual employees who were working against sanctioned posts for a period of more than 10 years be framed. The court was also told that at one stage, the MC had considered framing a policy of its own on the issue of regularisation.
The bench of justice Anil Kshetarpal said that from the plea it was not clear whether the petitioners were ever appointed after inviting the applications and after giving opportunity to others to apply.
It also took note of the 2006 apex court judgment wherein it was said that directions on regularisation of services of temporary employees/daily wagers should not be ordinarily issued.
As of MC’s proposal for a policy on regularisation, the court said it had neither been adopted nor approved and the Chandigarh administration had not granted permission to the MC to notify such a policy.
To the argument that the petitioners were now being sought to be replaced by another set of temporary employees, which wasn’t permitted, the court observed that the March 2021 notice for recruitment of eligible candidates gives indication that the posts are likely to be regularised.
“Thus, the eligible candidates will have the opportunity to apply and compete, which is in accordance with the requirement of the Constitution of India,” said the court while dismissing the plea.