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HIGH COURT OF GUJARAT
A.S. SUPEHIA, NISHA M. THAKORE
Suresh Manilal Patel – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
(A.S. SUPEHIA, J.)
1. Admit. Mr. Jay Trivedi, learned AGP waive service of notice of admission on behalf of the respondent no.1 – State, Mr. Dholakia, learned advocate and Mr. Munshaw, learned advocate waive service of notice of admission on behalf of the respective respondents.
2. With the consent of the learned advocates for the respective parties, the matters are heard finally today. The Letters Patent Appeals stem-out of the judgment dated 13th February, 2025, passed by the learned Single Judge in the captioned writ petitions, whereby the learned Single Judge has dismissed the writ petitions filed by the present appellants, claiming the benefits of regularization and also challenging the action of the respondents in terminating their services.
3. The facts, as recorded by the learned Single Judge, are not in dispute, which read as under:
3.1 The appellants-petitioners herein are appointed with the respondent no.2 for a period of three years pursuant to the advertisement published in the newspaper in accordance with the Government Resolution dated 16th November, 2010. Being aggrieved by the communication dated 11th June, 2014 written by the respondent no.2 informing all th
Contractual employees cannot claim regularization or a regular pay scale unless stipulated in their contract, and performance assessments are necessary for contract renewal.
Contractual employees appointed for specific projects do not have a right to regularization or absorption in permanent positions, as per established Supreme Court precedents.
Point of Law : Re-engagement of the petitioners after the first contractual period was over will not amount to unfair practice.
The principle of regularization of services and grant of regular pay-scale as per relevant government resolutions, and the prohibition of discriminatory treatment in public employment.
The court ruled that contractual employees for specific projects lack a right to regularization upon project completion, reinforcing employer discretion in employment terms.
Employees appointed in temporary units on contractual basis are not entitled to absorption or regularization, as their initial appointment was not on permanent sanctioned posts.
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