ARINDAM SINHA,J. - (1.) The petitioners claim regularization of their services against Group -'C' and Group - 'D' posts in Raiganj University.
(2.) Mr. Bhattacharya, learned advocate appears on behalf of petitioners and submits, two out of eleven petitioners have put in 10 years continuous service. Judgment of Supreme Court in Secy. State of Karnataka v. Uma Devi ((2006) 4 SCC 1) while carving out an exception against bar of regularization also placed embargo on casual appointments being made. Petitioners were appointed by reason of administrative exigencies. Their appointments and services were necessary as borne out by subsequent creation of posts against which they claim regularization. He submits further, in the least his clients are entitled to equal pay for equal work. He relies on another judgment of Supreme Court in State of Punjab and others v. Jagjit Singh and others reported in (2017) 1 Supreme Court Cases 148 . He submits, the University paying less wages to petitioners than regular employees doing similar work constitutes exploitative enslavement emerging out of domineering position. On regularization this discrepancy will automatically stand removed. Pending regularization petitioners remain contractual employees doing equal work but receiving less pay. He also relies on Sheo Narain Nagar and others v. State of Uttar Pradesh and others reported in AIR 2018 Supreme Court 233 , to paragraphs 9 to 11 for entitlement to be regularized.
(3.) Mr. Mondal, learned advocate appears on behalf of the University and relies on judgment of Supreme Court in State of Maharashtra and others v. Anita and Another reported in (2016) 8 Supreme Court Cases 293, to paragraphs 15 and 16. He then points out from Uma Devi (supra), in paragraph 45 Supreme Court had on the contrary said, a total embargo on such casual or temporary employment is not possible, given the exigencies of administration and if imposed, would only mean that some people who at least get employment temporarily, contractually or casually, would not be getting even that employment when securing of such employment brings at least some succour to them.;