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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, CJ., GAUTAM A. ANKHAD
Dinkar Kisan Choudhari, R/o. Morwadi – Appellant
Versus
Union of India – Respondent
JUDGMENT :
{ PER, GAUTAM A. ANKHAD, J. }
These are cross-petitions challenging the impugned order dated 23rd July 2024 passed by the Central Administrative Tribunal, Mumbai Bench, in Original Application No.669 of 2023. For the sake of convenience, Dr. Chaudhari who was one of the original applicants before the Tribunal is referred to as the ‘petitioner’ in this order, and the Union of India and its entities/officers are referred to as the ‘respondents’. This common order disposes of both the petitions.
2. Pursuant to an advertisement, the petitioner was appointed as an Assistant Professor on contractual basis with the College of Military Engineering in the year 2017. He was appointed every year until 31st March 2023 and from 3rd April 2023 to 30th April 2023 on contract basis. Each year, a fresh advertisement was issued and a fresh contract was signed. On 19th April 2023, the petitioner along with other applicants filed Original Application No.669 of 2023 before the Tribunal inter alia claiming:
“b)To direct the respondent to regularize the service of the petitioners as Assistant Professors in the College of Military Engineering, Pune by giving the effect of permanency in service sin
Contractual employees have no right to claim regularization or equivalent benefits unless stipulated by law, as established by precedent.
Long service on a contractual basis does not confer a legal right to regularization without a formal scheme in place, as established by Supreme Court precedents.
Point of law: Service Law - Contractual employment - Regularization of Service - Having applied for appointment to various posts pursuant to a notification of 2019 and being unsuccessful (except one ....
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
The main legal point established in the judgment is that the Petitioners' service should have been regularized as they were engaged against sanctioned posts by following due process of selection and ....
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