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DELHI HIGH COURT
V.KAMESWAR RAO
Sanjeev Kumar Vishwakarma – Appellant
Versus
Union of India – Respondent
ORDER
Exemptions, if any, in these petitions are allowed subject to all just exceptions. Application (s) stand disposed of.
W.P.(C) 3300/2021
W.P.(C) 3302/2021
W.P.(C) 3314/2021
1. These are fresh petitions, filed by the petitioners. Notice, Mr. L.M. Acharya, Special Counsel accepts notice for respondent/UOI. Mr. Anil Soni, Standing Counsel accepts notice for respondent/AICTE and Mr. Neeraj Verma, Advocate accepts notice for respondent/NIT.
2. As the issue in these three writ petitions is similar to the issue which falls for consideration in connected batch of writ petitions, they are also heard and decided together, vide this common judgment.
3. In terms of order dated February 16, 2021, it was directed that W.P.(C) 9647/2021 shall be the lead writ petition. So, the facts/pleadings in the said writ petition are being narrated for deciding these petitions.
W.P.(C) 9647/2020
4. The prayer as made in petition are the following:
"For the facts and circumstances stated in the accompanying writ petition, it is most, therefore, most respectfully prayed that this Hon'ble Court may be graciously pleased to: -
a. Direct the respondent to allow the petitioner to continue in service o
Temporary project-based employment does not confer rights for regularization beyond the project's duration.
Employees appointed on project-based contracts funded by external agencies cannot claim continuation after project termination, adhering to established constitutional principles of public employment.
Employment under a project is temporary and ceases upon project completion unless otherwise agreed.
The main legal point established in the judgment is the prohibition of replacing adhoc employees with another set of adhoc employees and the need for fair consideration of adhoc employees for regular....
Regularization of temporary employees after five years of continuous service is a right supported by legal precedents.
Temporary and contractual employment under specific schemes is coterminous with the project duration, barring rights to permanency or regularization based on performance, emphasizing service conditio....
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.
Perpetual outsourcing of perennial public functions like school IT education unconstitutional; long-serving teachers entitled to regularization on parity grounds, prohibiting ad-hocism and upholding ....
Prolonged PPP contractual service on perennial government posts attracts Arts. 14, 16 protections; mandates continuity, equal pay till regularization.
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