In a landmark decision, the Supreme Court has underscored that procedural formalities should not serve as barriers to denying the regularization of service to employees who have dutifully performed roles akin to regular employees over an extended period, despite their initial appointment being termed "temporary."
The Bench comprising Justices Vikram Nath and KV Viswanathan set aside a previous High Court ruling that had declined to regularize the employment of individuals serving continuously in roles equivalent to regular employees. The justices emphasized that the failure to acknowledge the substantive nature of their roles and their prolonged service, comparable to permanent employees, contradicted principles of equity and fairness, as well as the underlying intent behind employment regulations.
In their order, Justice Vikram Nath highlighted that the appellants' continuous service in capacities resembling regular employees, coupled with their selection through a process mirroring regular recruitment, marked a departure from the temporary and scheme-specific nature of their initial engagement.
The respondent, citing the Judgment of Secretary, State of Karnataka vs. Umadevi, argued against regularization, contending that employment under a temporary scheme could not confer rights akin to those of permanent employees. However, the court distinguished Umadevi's case, noting that the appellants had undergone a valid selection process, including written exams and interviews, warranting reclassification from temporary to regular status.
The court's decision hinged on the distinction between "irregular" and "illegal" appointments, emphasizing that while certain appointments may not strictly adhere to prescribed rules and procedures, they cannot be deemed illegal if they follow procedures akin to regular appointments.
In light of these considerations, the Supreme Court ruled in favor of the appellants, directing the regularization of their services, thereby affirming the principle that substantive contributions and prolonged service should supersede procedural formalities in employment matters.
