HC directive against regularising temporary staff

A Division Bench of the Kerala High Court has directed the Chief Secretary to issue in three weeks instructions to all government departments, statutory bodies, including local-self-government institutions, government companies, statutory corporations and institutions like the Institute of Human Resources Development controlled by the government not to regularise temporary employees.

The Bench comprising Justice A.K. Jayasankaran Nambiar and Justice P. Gopinath observed that any regularisation of temporary employees contrary to the principles laid down by the Supreme Court in the Umadevi and others case was illegal.

As the court found that orders were being issued contrary to the law declared by the Supreme Court, the Chief Secretary was suo moto impleaded as an additional respondent in the case that came up before it.

Appeal dismissed

The court passed the directives while dismissing an appeal filed by Joy Joseph and Tom Thomas, watchmen of an engineering college run by the Institute of Human Resource Development (IHRD) in Kottayam, against a single judge’s verdict dismissing their pleas for a directive to regularise their services in the IHRD. The IHRD had submitted that it had not taken any decision regarding regularisation of provisional employees.

The court observed that the law laid down by the Supreme Court was the law of the land and any deviation from it was only to be deprecated. When a Constitutional Bench of the Supreme Court had declared in the Secretary, State of Karnataka, and other v. Uma Devi and others that regularisation should be permitted only as a one-time measure subject to certain conditions, “we do not see how any authority can violate those directions and issue orders of regularisation contrary to the principles laid down in that judgment.”

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Printable version | Apr 13, 2021 2:02:33 AM |

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