Can't Keep Employees on Contract for Years, Then Deny Job Security: HC Rejects State's Appeal, Backs Pharmacist's Regularisation Claim

New Delhi: The Orissa High Court has delivered a significant judgment reinforcing the rights of contractual employees, holding that the government cannot continue engaging workers on temporary contracts for years and later deprive them of job security.

A Division Bench comprising Justices Krishna S. Dixit and Chittaranjan Dash rejected an appeal filed by the State Government against an earlier order that had granted relief to a pharmacist whose employment was terminated after serving continuously for more than 14 years.

The Bench affirmed the order passed by the Single Judge on July 16, 2024, directing the authorities to revoke the termination of pharmacist Amita Mohapatra and reconsider her claim for regularisation in accordance with law. Finding no perversity or legal infirmity in the Single Judge's reasoning, the Division Bench dismissed the writ appeal and granted the State Government three months to implement the directions.

The New Indian Express reports that the State had argued that Mohapatra, who was engaged on a contractual basis at Acharya Harihar Regional Cancer Centre Hospital, Cuttack, was not appointed against a sanctioned post and therefore had no legal right to continue in service or seek regularisation.

It contended that the Single Judge had erred in interfering with the termination order. Rejecting the contention, the High Court observed that Mohapatra had been serving continuously since February 7, 2006, and had completed more than 14 years of uninterrupted service before her employment was terminated on November 23, 2020.