Sikkim High Court orders reinstatement of four dismissed OFOJ workers

GANGTOK,: The High Court of Sikkim has ordered the reinstatement of four One Family One Job (OFOJ) workers, holding that their termination from service by the State government was illegal.

The four employees were appointed in 2018 and 2019 in posts like chowkidar and office attendants under OFOJ scheme under various departments of the State government. They were discharged from service in 2023 and 2024 by the State government on the ground that their services are no longer required.

The four terminated OFOJ workers then approached the High Court of Sikkim with a writ petition in 2025 challenging their dismissal from service.

In his judgement on June 17, Chief Justice A. Muhamed Mustaque noted that the OFOJ scheme stipulates the circumstances under which an OFOJ appointee may be terminated from service.

Those two circumstances for termination of OFOJ service include that the appointee has to take proper care of other family members and should not have other family members in government service at the time of appointment.

The OFOJ scheme was floated in 2019 to support families by ensuring each family has at least one earning member.

“However, the Petitioners were discharged in the years 2023 and 2024, on the ground that their services were no longer required. The Department has no case that the posts have been abolished. The Department could not have terminated their services except in accordance with the scheme or under other circumstances where the post in which the Petitioners were engaged were required to be abolished. Neither of these circumstances has been pointed out, nor does anybody have a case that the welfare scheme floated by the State has been superseded,” said the Chief Justice.

The High Court of Sikkim observed that the OFOJ scheme is still in vogue and no other reasons have been cited in the impugned orders for discharging the petitioners from service.

“In such circumstances, I have to hold that termination of the Petitioners is illegal. No doubt, the posts may be required to be abolished and the Petitioners may not be accommodated against those posts, however, the Petitioners must still have to be considered in some other Departments in accordance with the scheme, provided the Petitioners fulfill the conditions for employment under the scheme,” said the Chief Justice.

“In such circumstances, the impugned orders are set aside. The Petitioners shall be reinstated forthwith. However, nothing prevents the authorities from discharging or terminating the service of the Petitioners if the Department is of the view that their services are liable to be terminated based on any of the conditions enumerated in the scheme referred to above,” ordered the Chief Justice.

Welcoming the verdict, the Citizen Action Party (CAP) Sikkim described the judgment as a major victory for constitutional rights and the rule of law.

“This judgment is not merely a legal victory for the petitioners concerned; it is a resounding affirmation of the principles of constitutional governance, administrative accountability, social justice, and the rule of law. It reinforces the fundamental principle that welfare schemes created for the upliftment of economically weaker families cannot be undermined through arbitrary administrative action,” said CAP Sikkim spokesperson Albert Gurung in a press statement on Friday.

Following the verdict, the CAP Sikkim demanded the State government to implement the judgment immediately and in its true letter and spirit. The party demanded the government to conduct a comprehensive review of all cases involving termination or discontinuation of OFOJ beneficiaries.

The CAP Sikkim further demanded the government to reinstate all beneficiaries whose services may have been terminated in violation of the provisions of the scheme. The government should place before the people of Sikkim a transparent report on the current status and future roadmap of the OFOJ scheme, and ensure that no welfare beneficiary is subjected to arbitrary administrative action in the future, the party demanded.

Gurung added that the CAP Sikkim views this judgment as a vindication of the concerns it has consistently raised over the past several years regarding the treatment of OFOJ beneficiaries.

“At a time when affected beneficiaries were facing uncertainty, financial hardship, and emotional distress, the Citizen Action Party-Sikkim stood firmly by their side. The party repeatedly raised the issue before the Government through memoranda, public statements, press interactions, and direct representations to the concerned authorities. CAP Sikkim leaders and party functionaries met affected beneficiaries across different districts, listened to their grievances, and consistently advocated for justice on their behalf,” said Gurung.

He reminded that CAP Sikkim had deputed delegations to the Department of Personnel, Administrative Reforms, Training and Public Grievances (DoPAR) and other concerned departments, demanding transparency and fairness in dealing with OFOJ beneficiaries. On numerous occasions, CAP Sikkim publicly questioned the rationale behind the discontinuation of services of beneficiaries whose appointments had been made under a welfare scheme that continued to remain in force, he said.

“The judgment has now reinforced what Citizen Action Party-Sikkim has consistently maintained all along that welfare beneficiaries cannot be deprived of their livelihood through arbitrary executive decisions and that government must remain accountable to the commitments they make to the people. The significance of this judgment extends beyond the four petitioners before the Court. It raises serious questions regarding the status of numerous other OFOJ beneficiaries who may have suffered similar discontinuation of service under comparable circumstances. Justice cannot be selective, nor can the rule of law be applied selectively,” said the CAP Sikkim spokesperson.