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2017 Supreme(Del) 761

VALMIKI J.MEHTA
Anil Lamba – Appellant
Versus
Govt. of NCT – Respondent


Advocates Appeared:
For the Petitioners: Mr. Pawan K. Bahl, Mr. Harish Kumar
For the Respondents: Mr. Saurabh Chaddha, Mr. Ishan Kashyap, Mr. Sanjay Poddar, Mr. Siddharth Panda, Mr. Govind Kr.

JUDGMENT :

Valmiki J. Mehta, J.

1. By these writ petitions under Article 226 of the Constitution of India, the petitioners who are contractual employees of the respondent no.3/Institute of Liver and Biliary Science seek relief of regularization of their services. Petitioners also seek an additional relief that petitioners should not be terminated from their services by replacing them with similarly situated contractual employees.

2. So far as the first issue is concerned, learned senior counsel for the respondent no.3 places reliance upon para 3 of the advertisements issued with respect to the petitioners and as per which advertisements, appointment of the petitioners was to be on contractual basis and accordingly it is argued that contractual employees cannot seek regularization. One such advertisement para 3 reads as under:-

“3. All appointments shall be on “contract basis” and will be initially for a period of ‘four years’ including a probationary period of one year. The contractual appointment may be extended for a further period of ‘four years’ based on performance of the candidate during the initial period of four years.”

3. Learned senior counsel for the respondent no.3 according




































































































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