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CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT PORT BLAIR
ARIJIT BANERJEE
Andaman And Nicobar Rajya Karmachari Mahasangh – Appellant
Versus
Lieutenant Governor – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. The writ petitioners have challenged a vacancy notice dated December 4, 2021, issued by the respondent no. 3, Andaman & Nicobar Islands Institute of Medical Science (in short ‘ANIIMS’), inviting online application to fill up administrative, paramedical and nursing posts on contract basis in which the members of the petitioner Association are already working on contract basis. There is a further prayer for issuance of a mandamus directing the respondent authorities to consider regularisation of services of the members of the petitioner Association in the respective posts created on November 14, 2019.
2. The case of the writ petitioners as was argued before me and as would appear from the written notes of arguments filed on their behalf, is as follows:-
(a) The Andaman and Nicobar Islands Medical Education and Research Society (in short ‘the Society’), is a Society registered under the Societies Registration Act. The Lieutenant Governor of the Union Territory of Andaman and Nicobar Islands is the President of the governing body of the said Society.
(b) ANIIMS is an institution run by the said Society with the object of providing medical education, medical
The court ruled that contract employees with over ten years of service against sanctioned posts are entitled to regularization, emphasizing the need for fair recruitment processes and age relaxation ....
Regularisation of contractual employees should be in accordance with the relevant rules and regulations, and regularisation is not a mode of recruitment.
The court recognized the right of the State to appoint persons on temporary basis to meet its exigencies, and held that the failure of the ATTC to maintain the student to lecturer ratio and the petit....
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
No automatic regularization for contractual employees without regular selection process, per Uma Devi principles.
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 ....
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