Regularisation In Public Employment In India: A Critical Analysis
R. Akshay, B.B.A., LL.B. (Hons.), School of Legal Studies, REVA University, Bangalore
For decades, irregular employees have been victims of discrimination in the Administration. In recent years of globalization though, people belonging to different classes of society have tried to break all the barriers to get into the professional world and provide necessary services as required on an irregular basis while being denied of statutory benefits were provided to their regular counterparts. However, in spite of being talented and putting in equal toil, they were discriminated against their class by the administration in terms of denial of promotions, or being paid lower than regular employee counterparts for similar work. In the absence of any legislative or social welfare enactments protecting irregular employees, the institutions and organisations used to appoint a large number of irregular employees as it provides the employees with an upper hand to deny them their increments, perquisites and other benefits and empowered the administration to terminate them in an arbitrary and unfair manner. Irregular employees had no promotions or job security available for them. They were denied higher echelons of service and were terminated on any disobedience as an irregular post is not sanctioned or protected by law. With the coming of modern ages, and discrimination has seen its natural death, with the rise of Judicial activism and judicial control of administrative actions there have always been certain stigmas that the State have attached with these irregular employees. Regularisation was provided to irregular employees who had put in a considerable service and who had put in service quite similar to Regular employees. However, the regularisation of irregular services had opened the floodgates for letting illegality and arbitrariness to seep in and make its way into recruitment in public employment.