MANDEEP SUNWAR Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The petitioners, working as temporary employees in Group C and D category in the various departments of the State Mandeep Sunwar & Ors. vs. State of Sikkim & Ors. Government, have come up with this petition, seeking a direction to the respondent-State to regularise their services under the regular establishment from the date of initial appointment on muster roll basis and also consequential seniority.

(2.) The facts, in brief, as projected by the petitioners, are that the petitioners were initially appointed as muster roll employees in different departments of the Government of Sikkim. The petitioners possess requisite qualifications as required for the posts. The petitioners, thereafter, were appointed on temporary basis after completion of 10 (ten) years against the sanctioned posts created for the same vide Notification dated 22.02.2014 (Annexure R-4). Now, the petitioners are working as temporary employees. It is further stated that the petitioners have completed more than 10 to 15 years in service and have the requisite qualifications for the posts. Thus, the State Government may be directed to regularise them on completion of 10 (ten) years in service with effect from the initial date of appointment with consequential benefit.

(3.) Mr. A. Moulik, learned Senior Counsel appearing for the Petitioners, would contend that after sanction of the posts, the petitioners have been appointed on temporary basis. The State Government is in need of the petitioners' services as they Mandeep Sunwar & Ors. vs. State of Sikkim & Ors. are working against the sanctioned posts. Thus, the petitioners are entitled to be regularised on the posts as they possess the requisite qualifications. Referring to Circular dated 20.08.2014 (Annexure-A1) whereby the Government has decided to regularise the services of the temporary employees, who have completed 15 years and more as on 31.01.2013 working under various departments, Mr. Moulik would submit that as on date, all the petitioners have completed 15 years service and as such the petitioners are entitled to regularisation as per the Circular .