The high court made this observation while ordering the regularisation of services of 32 junior assistants in Sambalpur University.
Orissa High Court (Photo: orissahighcourt.nic.in)
Keeping the government posts temporary for long and denying the claims of the incumbents on the score that their posts are temporary makes especially when both temporary and permanent appointees are functionally identified, the Orissa High Court observed on Wednesday.
The high court made this observation while ordering the regularisation of services of 32 junior assistants in Sambalpur University.
The order passed by the Odisha government for the Department of Higher Education on 31 May, 2019 by rejecting the claim of the petitioners for regularisation of the posts of junior assistant in Sambalpur University cannot be sustained in the eye of law and is hereby set aside.
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The opposite parties (government) shall pass appropriate order for regularisation of services of the petitioners against the post of Junior Assistants as expeditiously as possible preferably within a period of three months from the date of receipt of copy of this judgment, Justice S K Sahoo stated in the order on Wednesday.
The petitioners were appointed on a temporary basis. On 24 December 2013, the University had sought the Department of Higher Education to accord approval to the appointment of the petitioners taking into consideration the length of service rendered by them as well as long experience in clerical work in the University.
The state government rejected the case of the petitioners on the ground that the petitioners have not completed ten years as of 2006 and the post has not been sanctioned.
The Government claimed that the petitioners who were appointed were non-sanctioned posts and prior approval of the State Government has also not been obtained by the University for creating such posts. It further stated that the action of the University to engage the petitioners against such non-sanctioned posts was in contravention of section 22 of Odisha University Act, 1989.
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