Summary
A work-charged employee of the State of Nagaland died in harness in 2005 without ever having claimed regularisation. Twelve years later his widow filed a writ petition seeking regularisation of his services so that she could draw family pension. A Single Judge of the Gauhati High Court directed the State to regularise him with effect from the day before his death and pay family pension, and the Division Bench affirmed. The Supreme Court set both orders aside. Under the State's regularisation policy work-charged employees were regularised according to seniority as vacancies arose; even those senior to the deceased were regularised only in 2009, so his turn had not come when he died and he had no right to regularisation on that date.
Issues
- Whether the services of a deceased work-charged employee, who never sought regularisation and whose turn under the seniority-based regularisation policy had not arisen when he died, can be directed to be regularised from the day before his death in order to confer family pension on his widow.
- Whether such a claim raised for the first time twelve years after the employee's death is maintainable.
Provisions considered
- Regularisation according to seniority as and when vacancies arise, State of Nagaland regularisation policy for work-charged employeesRegularisation was to follow seniority and the availability of vacancies; employees senior to the deceased were regularised only in 2009, after his death, so on the date he died he was far down the list and not entitled to regularisation. (¶¶ 3.1, 4.1)
Held
- The deceased died in 2005 having never claimed regularisation, and his widow raised the claim only after twelve years; at his death he was well below in the seniority list of work-charged employees to be regularised, and even his seniors were regularised in 2009. The High Court therefore committed a grave error in directing the State to regularise him one day before his death when his turn had not come. (¶¶ 4, 4.1, 4.2)
Result
Appeal allowed; the judgments of the Single Judge and the Division Bench of the Gauhati High Court (Kohima Bench) in Writ Appeal No. 21 of 2019 quashed and the widow's writ petition dismissed. No order as to costs.