Summary
Railway employees initially engaged against ex-cadre Accounts Clerk posts had served for over 25 years after selection through written tests and interviews and performed duties indistinguishable from regular employees. The Court set aside the High Court judgment and directed that they be considered for regularization within three months.
Issues
- Whether the employees’ long service, selection process, duties and promotions warranted reconsideration of their status as temporary or scheme-based workers.
- Whether the High Court correctly applied the principles in Secretary, State of Karnataka v. Umadevi to these appointments.
Held
- Employment status could not be determined solely by the initial temporary or scheme-based appointment terms where the actual service had materially evolved through long continuous service in regular duties and selection and promotion processes resembling regular recruitment. (¶¶ 5, 6, 8)
- The High Court’s reliance on Umadevi did not fit these circumstances, which the Court distinguished from back-door appointments. The employees were entitled to consideration for regularization; the Court did not itself order unconditional regularization. (¶¶ 6, 7, 8, 9)
Result
The appeals were allowed and the High Court judgment set aside. The respondents were directed to complete consideration of the appellants for regularization in their respective posts within three months from service of the judgment.