A Division Bench of the Tripura High Court, comprising Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit, has directed Tripura University to reinstate and regularise Jayanti Bhattacharjee as Assistant Placement Officer with effect from February 2, 2016. The Court held that her nearly 15 years of service could not be disregarded solely because her initial appointment was contractual, observing that the Court must look beyond surface labels and consider the realities of employment.
Factual Background
The appellant, Jayanti Bhattacharjee, joined the University as a contractual Lecturer in its Bachelor of Business Administration programme on February 4, 2009, following selection through an advertised interview process. On February 2, 2016, she was re-designated as Assistant Placement Officer. In September 2022, the University issued an order fixing her wages at ₹1,200 per working day with effect from January 2022, effectively altering her status to that of a daily-wage employee.
She challenged the September 2022 order before the High Court and sought regularisation of her services. A Single Judge dismissed her writ petition on January 9, 2024, prompting the present appeal.
Court's Findings On Contractual Employment And Regularisation
The Division Bench rejected the University's contention that the appellant's initial appointment was not against a sanctioned post. The Court found that the University could not take advantage of its own failure to create regular posts while running the BBA programme through contractual lecturers. It further held that the University failed to establish that she lacked the qualifications prescribed at the time of her selection in 2008, ruling that later UGC requirements could not be retrospectively applied to invalidate the appointment.
The Court remarked that the period of 15 years reflected unfair and arbitrary treatment by the University, noting that the pervasive misuse of temporary employment contracts reflects a broader systemic issue adversely affecting workers' rights and job security. It held that denying regularisation followed by her disengagement after the dismissal of her writ petition amounted to manifest injustice.
Violation Of Natural Justice And Article 14
The Court set aside the September 30, 2022 order, observing that the University had neither given prior notice nor afforded an opportunity of hearing before changing her status to a daily-wage employee. The decision was held to be arbitrary, illegal, and violative of Article 14 of the Constitution.
Applicability Of Umadevi Judgment
The Court distinguished the precedent in Secretary, State of Karnataka v. Umadevi, holding it inapplicable to the present facts. It noted that the appellant was appointed pursuant to a public advertisement and an interview conducted by a selection committee. Her appointment, therefore, could not be termed a backdoor entry. The Court further observed that her duties were essential and comparable to those of regular employees.
Operative Directions
However, the Court declined to regularise the appellant as Lecturer because she had not performed teaching duties for more than ten years. Instead, it directed the University to reinstate her forthwith as Assistant Placement Officer in the Business Management Department and regularise her in that post within one month of the judgment, with effect from February 2, 2016.
The University was directed to pay the regular scale of pay and allowances applicable to the post and count her service from February 4, 2009 as qualifying service for pension and other retirement benefits. The University was also directed to pay ₹25,000 in costs within four weeks.
Can Long-Term Contractual Service Be Regularised Despite Initial Contractual Label?
Yes. The Tripura High Court held that nearly 15 years of continuous service cannot be disregarded merely because the initial appointment was contractual. The Court ruled that the employer cannot benefit from its own failure to create sanctioned posts while utilizing contractual labour for essential duties, and directed regularisation with retrospective effect from the date of re-designation.