The employees who have continued his/her work for ten years or more in duly sanctioned vacant posts but without the intervention of orders of the courts or of tribunals then the question of regularisation of the services of such employees may have to be considered on merits. The Union of India, the State Governments and their instrumentalities should take steps to regularise sanctioned vacant posts as a one-time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but should not under cover of orders of the courts or of tribunals The Union of India, the State Governments and their instrumentalities should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts where temporary employees or daily wagers are being now employed.
Tate should permit regularization of such appointments which are irregular but not illegal, and to ensure security of employment of those persons who served the State Government and their instrumentalities for more than ten years.
Difference between irregular and illegal appointments :
(i) The employee concerned should have worked for 10 years or more in duly sanctioned post without the benefit or protection of the interim order of any court or tribunal. In other words, the State Government or its instrumentality should have employed the employee and continued him/her in service voluntarily and continuously for more than ten years.
(ii) The appointment of such an employee should not be illegal, even if irregular. Where the appointments are not made or continued against sanctioned posts or where the persons appointed do not possess the prescribed minimum qualifications, the appointments will be considered to be illegal. But where the person employed possessed the prescribed qualifications and was working against sanctioned posts, but had been selected without undergoing the process of open competitive selection, such appointments are considered to be irregular.
There is a need for the creation of posts and failure on the part of the executive government to apply its mind for creation of posts would be arbitrary action on the part of the State.
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Regularisation of the services of temporary employees