Authority: High Court of Meghalaya at Shillong

Order Date: 07 September 2026

Case Overview

  • Petitioners: Nine individuals (Elias Marbaniang, Jeliston Kharmynthon, Probir Ghosh, Raj Mizar, Ranstor Kharpran, Newstar Lyngdoh, Khrawbok Syiemlieh, Thwon Lyngdoh, Donborlang Nongpiur) employed as casual labourers (carpenters, electricians, linemen, etc.) at North Eastern Hill University (NEHU), Shillong Campus.
  • Respondents: Union of India (Ministry of Education), Ministry of Personnel, Public Grievances and Pensions, University Grants Commission (UGC), and North Eastern Hill University.
  • Background: Petitioners were appointed as casual labourers and were granted Temporary Status under The Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of the Government of India, 1993 by NEHU order dated 24‑02‑2020, with retrospective effect from 01‑09‑1993. They have rendered over 30 years of continuous service.
  • Under the Sixth Pay Commission, all Group‑D posts in the University were upgraded to Group‑C posts and redesignated as Multi‑Tasking Staff (MTS) with Pay Band‑1, Grade Pay Rs.1800.
  • Petitioners filed representations on 19‑12‑2022, 25‑10‑2022 and 21‑11‑2022; the Court earlier directed disposal within four months (order dated 03‑05‑2023). NEHU replied on 12‑09‑2023 stating inability to regularise and that the matter was referred to DoPT and UGC.
  • Petitioners argued that NEHU, as an autonomous statutory body, has authority to implement the 1993 Scheme and that the Scheme, extended by UGC in 1998, creates a vested right to regularisation after three years of continuous service.
  • University counsel argued that Group‑D posts no longer exist, making regularisation structurally impossible, and that NEHU lacks autonomous power to regularise without specific directions from DoPT/UGC, citing DoPT O.M. No. AB‑14017/6/2009‑Estt (RR) dated 08‑04‑2011 and O.M. No. 49014/01/2023‑Estt (C) dated 31‑08‑2023.
  • UGC counsel emphasized that the 1993 Scheme was a one‑time measure applicable only to casual labourers employed directly by Ministries/Departments of the Government of India and their attached/subordinate offices, not to autonomous universities like NEHU, unless expressly extended.
  • The Court examined the Scheme provisions (Paras 3‑5(vi) and 8(i)) and noted that the Scheme was extended to NEHU effective 01‑09‑2023, but the abolition of Group‑D posts and the minimum qualification requirement (10th pass or ITI) preclude regularisation.
  • NEHU had written to DoPT on 06‑02‑2023 and 14‑08‑2023 seeking directions; both were regretted, leaving the University without authority to regularise.

Final Outcome

  • The Court held that the 1993 Scheme does not apply to NEHU employees and that, due to the abolition of Group‑D posts and lack of requisite qualifications, no legal basis exists for regularisation.
  • Consequently, the writ petition is dismissed and no relief is granted to the petitioners.

Topics: Regularisation, Higher Education Employment