Contractual appointments do not confer entitlements to regularization or regular pay unless explicitly provided, aligning with the principle of equal pay for equal work only under specific circumstances.

JUDGMENT :

A.S. SUPEHIA, J.

1. Admit. Learned advocates waive service of notice of admission for and on behalf of the respective respondents.

2. The present appeal is directed against the judgement and order passed by the learned Single Judge dated 08.04.2025, whereby the learned Single Judge has rejected the writ petition filed by the appellant-original petitioner seeking regularization of service and to grant the benefits of regular pay, which has been extended to other employees of the State Government as per the Government Resolutions dated 16.02.2006, 01.08.2006 and 18.01.2017.

BRIEF FACTS

3. The appellant-original petitioner was appointed as an Accountant-cum-Store Keeper/Typist in the Non-Governmental Organization (NGO) namely, Ali Yavar Jung National Institute for the Hearing Handicapped, Bandra (W), Mumbai (“AYJNIHH” for short) on a consolidated salary of Rs.4,000/- per month on contractual basis for a period of 179 days at the District Centers for Rehabilitation of Persons with Disabilities, Rajkot / Jamnagar. The Terms and Conditions of the appointment order reveal that she will not be governed by the Rules & Regulations applicable to AYJNIHH / Central Government temporary / permanent employees. It is further clarified that the services rendered during the contract period does not bestow on her any claim for regularization. The appointment of the appellant-petitioner stems out of the scheme promulgated by the Ministry of Social Justice and Empowerment, Government of India and having District Disability Rehabilitation Center (“DDRC” for short), previously known as District Center for the Rehabilitation of Persons with Disabilities (DCRPD), in the entire country to provide rehabilitation service to the persons with disabilities.

4. The aforesaid NGO - AYJNIHH, Mumbai appointed various personnel - employees in different districts of the State Government. The centers were run by 100% grant by the Central Government for the first years; and after a period of 03 years, the said centers were completely taken over by the State Government. It appears that in the year 2013, the State Government, vide Government Resolution dated 17.10.2013 sanctioned Rs.1,40,00,000/- for the functioning of such centers and also created posts on a contractual basis having a fixed salary of Rs.9,400/- per month. The resolution specifically mentions that the service of such employees, who are appointed on a contractual post of Rs.9,400/- will be coterminous with the project under the District Early Intervention and Rehabilitation Center (DEIRC). There were 72 posts created having Rs.9,400/- as a fixed pay-scale. Again on 19.02.2024, budget of Rs.1,40,00,000/- was sanctioned for the very same post.

5. The appellant-petitioner filed the captioned writ petition claiming the regularization and also minimum of pay-scale, as per the judgement of the Apex Court in the case of State of Punjab & Ors. vs. Jagjit Singh & Ors., AIR 2016 SC 5176. Learned Single Judge, after threadbare examination of the appointment order of the appellant-petitioner as well as recital of the manual issued by the Ministry of Social Justice and Empowerment of the Central Government, has rejected the writ petition, which has given rise to the present appeal.

SUBMISSIONS ON BEHALF OF THE APPELLANT

6. At the outset, learned advocate Ms.Kalwani appearing for the appellant-original petitioner has submitted that the judgement and order passed by the learned Single Judge is required to be quashed and set aside since the appellant is entitled to a minimum of pay-scale on