Gauhati high court orders reinstatement of 771 ASTC contractual employees after legal battle

Guwahati: After two years of legal battle, 771 contractual employees of Assam State Transport Corporation (ASTC), who were ‘released from contract’ in 2023, received relief as Gauhati high court directed the govt to reinstate them.The court asked govt to allow them to continue until regular appointments are made or the posts are abolished. The employees served in different posts for 10 years before being released in 2023.On May 30, 2023, ASTC issued orders individually to 771 contractual employees who served as mechanics, security assistants, office assistants, computer assistants, drivers, grade-IV staff, and supervisors since 2013. ASTC said upon verification, the contractual employees were found to be engaged without following any recruitment procedure. Thereafter, the State Transport Workers’ Association and the employees moved high court challenging the govt orders.Justice Kardak Ete, in the verdict pronounced on Tuesday, said the employees ought not to have been released as “their appointments appear to be irregular but not illegal” and there would be an acute shortage of manpower for the ASTC. “Therefore, the services of the petitioners are required to be allowed to continue until the posts are filled on a regular basis or abolished,” the court said, directing state govt to reinstate the employees.Justice Ete added that the petitioners (the employees) shall not be entitled to any pecuniary benefits or back wages for the period they did not work. The judge also directed govt to allow the employees to participate in the regular selection process if the authorities decide to fill the post by condoning the age if required, subject to eligibility as per rules.Justice Ete said it is true that no contract employee would have the right to continue in his or her service after the expiry of the contract period. “Nevertheless, the petitioners (employees here), in my considered opinion, ought to have been allowed to continue until the posts are filled on a regular basis by following the constitutional scheme of public employment, as the requirement of their services in the public interest is clearly discernible from the decision of the state authorities that there would be an acute shortage of manpower in the wake of the release of the petitioners,” the judge added.Moreover, the court noted that the employees were essentially seeking continuation in the service until the posts are filled on a regular basis and to allow them to participate in the regular selection process, if undertaken, by condoning their age if required, which the court found to be a “fair and reasonable grievance” by the petitioners.