LI Network
Published on: December 02, 2023 at 14:45 IST
The Punjab and Haryana High Court Upholds Public Employment as an Aspect of Equality Under Article 16: Directs State to Review Worker Services for Regularization
Justice Sandeep Moudgil, presiding over the case, highlighted that public employment aligns with the principles of equality under Article 16 of the Constitution. The proceedings centered around a petition aiming to nullify the Office Order dismissing the petitioners’ claims for regularization.
The petitioners, employed by the Municipal Corporation in Faridabad since 1993-1995, sought regularization based on circulars and joint representations, urging parity with the regularized employees.
However, respondent No.3 rejected their plea citing educational/age criteria and non-compliance with policies pre-dating October 1, 2003, including state government directives from August 13, 2014.
Referring to a previous case – Secretary, State of Karnataka & Ors. v. Uma Devi – the court emphasized that regularization cannot be mandated for those engaged as daily wage workers without following due recruitment procedures.
The High Court scrutinized the prolonged engagement of the petitioners and criticized the State for neglecting its duty as a welfare state. It condemned the practice of utilizing their services for decades on daily wage terms, highlighting the State’s obligation under Articles 14 and 16 to avoid arbitrary actions and prevent discrimination.
Moreover, the court emphasized that while the State possesses the right to establish posts and recruit, it must ensure equal opportunities for citizens and adhere to recruitment rules that facilitate fair consideration for vacant positions.
Citing the case of Prem Singh vs. State of Uttar Pradesh and Ors., where employee services of ten years or more were regularized with full benefits, including pensions, the High Court directed the authorities to reconsider the petitioners’ cases for regularization in line with the October 1, 2003 policy amended on February 10, 2004, by the Haryana Government.
Consequently, the bench granted the petition, ordering a review of the workers’ services for regularization.
Case Title: Ram Rattan & Ors. v. State of Haryana & Ors.