Introduction:

In a recent judgment, the Bombay High Court, led by Justice Sandeep V. Marne, addressed the contentious issue of regularization of services in the case of The Chief Officer, Pen Municipal Council & Ors. v. Shekhar B. Abhang & Ors. The case revolves around the employment status of Shekhar B. Abhang, a clerk engaged by the Pen Municipal Council, and the legal implications of his long-term continuance in the position.

Arguments of Both Sides:

The petitioner, represented by counsel Mr. Rahul D. Oak, contested the Industrial Court’s order directing the regularization of Abhang’s services as a Tax Inspector. The petitioner argued that Abhang’s appointment did not follow due selection procedures and that he lacked the qualifications required for the position. On the other hand, the respondent, represented by counsel Ms. Pavitra Manesh and Mr. M.S. Topkar, maintained that Abhang’s appointment was legitimate, backed by sponsorship from the Employment Exchange and a resolution from the Municipal Council. They emphasized Abhang’s long-standing service as a Tax Inspector, advocating for his right to regularization.

Court’s Judgement:

Justice Sandeep V. Marne, drawing from the precedent set by the Supreme Court in Secretary, State of Karnataka & Ors. v. Umadevi & Ors., examined the principles of equality and regularization in public employment. The court acknowledged that Abhang’s appointment was made against a sanctioned vacant post and that he underwent a selection process after being sponsored by the Employment Exchange. Furthermore, Abhang’s tenure exceeded ten years, meeting the criteria for regularization under Umadevi. However, the court emphasized that long-term continuance of employment does not inherently grant the right to regularization. While Abhang’s case warranted consideration, it did not establish an automatic entitlement to regularization.