Regarding daily wages regularization

Querist : Anonymous (Querist) 31 May 2024 This query is : Open
I need legal advice regarding my appointment as a daily wage worker (data entry operator) in NIT Raipur in 2013, with not- sheet approval. I am working still now.

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kavksatyanarayana (Expert) 31 May 2024
Opinions cannot be formed without verifying the terms and conditions of the appointment letter.

T. Kalaiselvan, Advocate (Expert) 31 May 2024
No right can be founded on an employment on daily wages to claim that such employee should be treated on a par with a regularly recruited employees.
In a writ petition the Madras high court held that High Court cannot issue any direction for regularisation and permanent absorption, contrary to the recruitment rules in force. All appointments are to be made only under the constitutional schemes and by following recruitment rules in force. Equal opportunities in public employment is the constitutional mandate and therefore, the irregular appointments cannot be regularized merely on the ground of length of the services rendered, even after the principles settled.

P. Venu (Expert) 03 June 2024
Yes, settled legal position against regularizing such temporary appointments. However, you may try your luck by approaching the High Court in a Writ Petition. The Court may use its discretion in regularizing the service, given the exceptionally long period.

Isaac Gabriel (Expert) 29 June 2024
In view of the long service, you can seek regularisation under the Conferment of Permanancy Act 1981 since it commands workers in daily wages exceeding 240 days could be made permanent.

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