Supreme Court Orders Regularization of Ad-Hoc Employees in Landmark Judgment Supreme Court Upholds Equality in Employment, Mandates Regularization of Ad-Hoc Clerks at Allahabad High Court
In a significant ruling, the Supreme Court of India has directed the regularization of ad-hoc employees who have served for over a decade at the High Court of Judicature at Allahabad. The court emphasized that differential treatment among similarly situated employees violates the principles of equality and non-arbitrariness enshrined in Articles 14, 16, and 21 of the Constitution of India.
The judgment, passed by a bench comprising Justice J.K. Maheshwari and Justice Vijay Bishnoi, addresses the grievances of the appellants who were appointed as Operator-cum-Data Entry Assistants/Routine Grade Clerks. Despite being appointed through the same channel as other employees who have been regularized, the appellants were denied regularization on arbitrary grounds.
The court's decision comes in light of the appellants' long-term service and the lack of reasonable distinction between them and other employees who have been granted regularization. The Supreme Court exercised its extraordinary powers under Article 142 of the Constitution to ensure complete justice, ordering the reinstatement, regularization, and provision of consequential benefits to the appellants.
The bench criticized the High Court's administrative decisions as being discriminatory, noting that all similarly situated employees should be treated equally. The court underscored the importance of adhering to the principles of fairness and equality, which are paramount in the functioning of constitutional courts.
This judgment sets a precedent in ensuring equal treatment for ad-hoc employees who have been serving in judicial establishments across India. It also highlights the judiciary's role in protecting the constitutional rights of individuals against arbitrary administrative actions.
Bottom Line:
Regularization of ad-hoc employees - Differential treatment among similarly situated employees violates Articles 14, 16, and 21 of the Constitution - Equal treatment must be given to employees appointed through the same channel.
Statutory provision(s): Article 14, Article 16, Article 21, Article 142 of the Constitution of India
Ratnank Mishra v. High Court of Judicature At Allahabad, (SC) : Law Finder Doc Id # 2824267
