Regularization of Temporary Employees: Supreme Court Dismisses Appeal

The Supreme Court of India recently ruled on the case of Raj Balam Prasad & Ors. vs. State of Bihar & Ors., addressing the issue of regularization of temporary employees. The case stemmed from the appellants’ claim that their services as ‘Muharrirs’ should be regularized after having worked temporarily for a period in the Office of the Collector, Saran Chhapra (Bihar).

The appellants were initially appointed in 1987-88 for a fixed tenure of three months under Rule 57-A of the Bihar Certificate Manual. Their services were extended intermittently until 1991, after which their employment was formally terminated. However, the appellants sought judicial intervention for regularization, arguing that their continued engagement should entitle them to permanent employment.

Background of the Case

After their services ended in 1991, the appellants filed multiple writ petitions, seeking regularization. The Single Judge of the Patna High Court ruled in their favor, issuing a mandamus to regularize them. However, the State of Bihar challenged this decision before the Division Bench, which overturned the Single Judge’s order.

Arguments of the Petitioners

• The appellants contended that they had been working as Muharrirs for several years and should be entitled to regularization.
• They argued that similar employees had been granted regular status in 2006, and they should be treated in the same manner.
• The petitioners relied on the State Government’s circular dated 16.04.2008, which allowed regularization under specific conditions.

Arguments of the Respondents

• The State of Bihar opposed the regularization, asserting that the appellants’ appointments were temporary and had formally ended in 1991.
• The Division Bench had previously held that temporary employment does not confer a right to regularization.
• The government had already examined their representations and rejected them on valid grounds.

Supreme Court’s Rationale

The Supreme Court upheld the Division Bench’s decision, dismissing the appeal and affirming that temporary employees cannot claim regularization unless explicitly permitted by the rules.

The Court stated: “The permanent status could be conferred to those who were in service and not to those whose service had come to an end many years ago. Such an order could not be made the basis of permanent status through the writ court.”

Additionally, the Court emphasized that mere extensions of service do not convert temporary employment into permanent status unless supported by law.

Conclusion

The judgment reinforces the principle that temporary employment does not automatically grant rights to permanent employment. Government employees appointed temporarily must adhere to the prescribed rules for regularization, and courts cannot override these regulations unless a legal basis exists.

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Download Judgment: Raj Balam Prasad & O vs State of Bihar & Ors Supreme Court of India Judgment Dated 27-11-2017.pdf