JJharkhand HC stops outsourcing of MGNREGA computer operators, orders creation of sanctioned posts
SUMAN K SHRIVASTAVA Ranchi, July 10: In a significant judgment protecting the service rights of contractual employees, the Jharkhand High Court has…
SUMAN K SHRIVASTAVA
Ranchi, July 10: In a significant judgment protecting the service rights of contractual employees, the Jharkhand High Court has directed the State government not to shift long-serving MGNREGA Computer Operators to outsourcing and instead employ them against sanctioned posts under the statutory framework governing the rural employment scheme.
Justice Deepak Roshan passed the order while allowing two writ petitions filed by Computer Operators working under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in Palamu and West Singhbhum districts. The petitioners had challenged the government’s decision to place them under an outsourcing arrangement despite serving continuously for over a decade.
Petitioners served for over 10 to 15 years under MGNREGA
The petitioners told the Court that they had been engaged as Computer Operators on an honorarium basis under the MGNREGA scheme and had worked continuously for more than 10 to 15 years without any break in service.
According to the State, the petitioners were not appointed against sanctioned posts and were therefore proposed to be shifted to an outsourcing system. The employees argued that they should instead be retained under the statutory regulations framed for MGNREGA contractual appointments and adjusted against sanctioned posts.
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Court emphasises statutory protection for MGNREGA employees
The High Court observed that although employment under MGNREGA cannot be equated with regular government service, it is nevertheless governed by the Appointments, Service Conditions and Duties of Contractual Appointees Regulations, 2007, framed under the MGNREGA Act.
The Court held that employees working under the scheme are entitled to the protection of these statutory regulations and should not be deprived of such safeguards merely because they were initially engaged against non-sanctioned posts.
Long service reflects need for sanctioned posts
Justice Roshan noted that the petitioners had been performing regular and continuous duties for over 15 years and that the State itself had relied on their services throughout this period.
The Court observed that such prolonged and uninterrupted service demonstrated the necessity of the posts and justified the creation of sanctioned positions under the scheme rather than shifting the employees to outsourcing.
It further held that if sanctioned posts were lacking, the authorities should create them instead of altering the employees’ service conditions to outsourcing.
Supreme Court rulings on outsourcing cited
The High Court relied on recent Supreme Court judgments, including Jaggo v. Union of India (2024) and Dharam Singh v. State of Uttar Pradesh (2025), which stress fair treatment of long-serving employees and caution against unfair labour practices arising from prolonged contractual or outsourced employment.
The Court also referred to a Division Bench judgment of the Jharkhand High Court in Moti Ram v. State of Jharkhand, observing that denial of statutory protection solely due to the absence of sanctioned posts could amount to unfair labour practice.
High Court issues directions to the State
Allowing both writ petitions, the Court directed the State government to employ the petitioners against sanctioned posts under the MGNREGA scheme and, if necessary, create such posts to extend statutory protection under the 2007 Regulations.
The Court also directed that the petitioners should not be shifted to outsourcing and should receive all consequential benefits, including unpaid salary from the date interim protection orders came into effect.
Why the judgment matters
The ruling is likely to have far-reaching implications for MGNREGA contractual employees across Jharkhand who have served for years against non-sanctioned posts. By directing the State to create sanctioned posts where necessary instead of outsourcing existing workers, the High Court has reinforced the principle that prolonged, continuous service under a statutory scheme deserves legal protection and cannot be replaced by outsourcing merely on administrative grounds.
