State Cannot Extract Work for Decades and Then Deny Regularization: Andhra Pradesh High Court

The main legal issue addressed in the judgement concerns the regularization of a long-serving employee who has been working under temporary and contingent conditions without official recognition or proper benefits.

Facts and Issues: The appellant, Food Corporation of India (FCI), challenged the decision of a single judge which directed the regularization of Smt G Mary’s services as Safaiwala/housekeeping staff from 06.09.2002. Mary, who had been employed since 1986 under various temporary and contingent conditions, sought regularization and the full benefits associated with her position. FCI’s resistance to this regularization was based on her age and educational qualifications, which they argued did not meet the criteria for a full-time permanent post.

Long-Term Service: The court highlighted that extracting nearly forty years of service from Mary and then denying regularization reflected poorly on the fairness and ethical considerations expected of the employer, especially a public sector entity like the FCI.

Previous Litigations and Directives: The court pointed out that prior litigations had already established the necessity of scavenging work within FCI, and various government policies and court orders had directed considerations for regularization that FCI ignored.

Qualifications and Age: The court dismissed FCI’s arguments concerning Mary’s qualifications and age, noting regulations allowed age relaxation and did not necessitate high educational qualifications for her role. The court criticized the FCI for its inaction and refusal to regularize her service despite clear directives and recommendations for such cases.

Relevant Judgements: The court referenced the Supreme Court rulings in Nihal Singh v. State of Punjab and State of Karnataka v. Umadevi, which support the regularization of employees who have long served, dismissing the argument against regularization due to a lack of sanctioned posts.

Decision: The High Court dismissed the appeal, affirming the lower court’s decision for regularization. The court mandated that FCI must comply with the regularization norms to respect and uphold the rights and dignity of long-serving employees like Mary.

Date of Decision: 10^th May 2024

Food Corporation of India and Others vs. Smt G Mary