Court Directs Revocation of Termination, Emphasizes State's Duty as a Model Employer to Ensure Fair Treatment
In a significant ruling, the Orissa High Court has directed the State of Odisha to revoke the termination of Amita Mohapatra, a contractual employee, and reconsider her regularisation. The court emphasized that the state cannot deny regularisation solely on the ground of the employee's initial appointment being against a non-sanctioned post, especially after prolonged service and recommendations from competent authorities for regularisation.
Amita Mohapatra, who served as a Pharmacist Fellow for over 14 years, was terminated on the grounds that her appointment was not against a sanctioned post. The High Court bench, comprising Justices Krishna S. Dixit and Chittaranjan Dash, noted that the state had continuously utilized her services and allowed the regularisation process to remain inconclusive, thus acting against the principles of fairness and reason expected from a model employer under the Constitution.
The court's decision aligns with the Supreme Court's jurisprudence on the state's obligation to treat long-serving contractual employees with fairness. Citing previous Supreme Court judgments, the High Court reiterated that the state cannot indefinitely employ individuals on a contractual basis for recurring work, as it violates constitutional principles of non-arbitrariness and fairness.
The judgment underscores the state's constitutional duties, highlighting that financial stringency cannot override fairness and reason. It directs the state to act within three months to implement the reconsideration of Mohapatra's regularisation, reinforcing the notion that employees engaged for long durations must be treated with sensitivity and fairness.
Bottom line:-
Regularisation of a contractual employee cannot be denied solely on the ground that the initial appointment was against a non-sanctioned post, particularly when the employee has served for a prolonged period, and the authorities themselves have recommended regularisation.
Statutory provision(s): Articles 14, 16, and 21 of the Constitution of India
State of Odisha v. Amita Mohapatra, (Orissa)(DB) : Law Finder Doc id # 2931899
