In a significant ruling against the prolonged contractualisation of government jobs, the Orissa High Court has ordered the state government to permanently absorb two ECG technicians at SCB Medical College and Hospital in Cuttack. The court strongly criticised the authorities for engaging in "unfair labour practice" by keeping the employees on contract for over 14 years despite the creation of sanctioned posts.
Court Condemns State's Contractual Employment Practice
A division bench comprising Justices Dixit Krishna Shripad and Sanjay Kumar Mishra delivered the judgment on Monday while hearing a writ appeal filed by the technicians, Ganesh Chandra Bhuyan and Deepak Kumar Nayak. The bench modified an earlier order from a single judge dated November 15, 2023, which had failed to provide relief to the appellants.
The court observed that the state's conduct of styling the appellants as contractual employees for years together and preventing them from becoming permanent constituted an unfair labour practice. This stern observation came after the court examined the lengthy history of the case, where the technicians were initially hired through a proper selection process in 2011.
A 14-Year Battle for Job Security
The factual timeline presented before the court revealed a clear case of administrative delay and injustice. Bhuyan and Nayak were selected in 2011 through an open advertisement and a regular selection process. However, as no sanctioned posts were available at that time, they were appointed on a contractual basis.
Recognising the permanent nature of the work, the hospital authorities later recommended creating regular posts. Following this, the state government sanctioned four posts for ECG technicians in May 2014. Despite this crucial development, the two appellants continued to work on contract.
In a move that further aggrieved the technicians, the state issued a fresh advertisement in December 2015 to fill the newly created posts through open recruitment, completely bypassing the experienced contractual staff. This led the technicians to first approach the Odisha Administrative Tribunal and later the High Court.
Court's Directives and Rationale
The division bench clarified that while the initial 2011 appointments were irregular due to the absence of sanctioned posts, they were not illegal. The court deemed the 2015 recruitment advertisement unnecessary, stating that the appellants had a rightful claim to absorption against the posts created specifically for their roles.
Accordingly, the bench issued a clear directive to the state authorities. They must absorb the two appellants against the sanctioned vacant posts and extend all consequential service benefits within a period of three months. This order brings a potential end to a professional struggle that has lasted for over a decade and a half.
Broader Implications for Contractual Employees
This judgment is being seen as a landmark for thousands of contractual employees working in various state departments. By explicitly terming the long-term contractual engagement as an unfair labour practice, the Orissa High Court has set a strong precedent. It reinforces the principle that work of a perennial nature should not be perpetually staffed by contractual workers, especially when regular posts exist or are created.
The case highlights a common issue in public employment where individuals selected through proper channels are kept in contractual limbo for years, denying them job security and benefits. The court's firm stance mandates that the state act as a model employer and rectify such unjust practices.
