Contractual employees lack a fundamental right to regularization; such claims must comply with constitutional provisions and relevant recruitment rules.

JUDGMENT :

1. Petitioners pray to direct respondent to regularize their services and brought them under regular establishment with effect from the date they have completed seven years’ service with service benefits attached to the post, with a further direction to respondents not to discontinue them till they are brought on regular establishment.

2. The case set up by petitioners is that respondents issued order no.360 of 2007 dated 12th September 2007 pursuant to which they have been engaged on contractual/casual basis in National Institute of Technology, Hazratbal, Srinagar in its Computer Services Centre on monthly remuneration of Rs.3000/-. According to petitioners they are eligible to be regularized as they are continuously performing their duty in respondent-Institute.

3. Reply has been filed by respondents 2&3, in which they state that petitioners have no right of continuation muchless seeking regularization. Respondents also aver that relief sought by petitioners is hit by judgement passed by the Supreme Court in Secretary State of Karnataka v. Oma Devi and others, (2006) 4 SCC 1.

4. Heard and considered.

5. Engagement order(s), by virtue of which petitioners have been engaged and on which they rely, would on its perusal reveal that petitioners have been engaged on contractual/casual basis in Computer Services Centre of respondent-Institute on 59 days basis with usual breaks after every 59 days with effect from the date they report for duty after issuance of the engagement order till Institute is closed for Vocational Staff for the Winter Vacation of 2007-2008 on a consolidated monthly contractual remuneration of Rs.3000/-. The engagement order no.360 of 2007 dated 12th September 2007 contains a condition that the offer of engagement of petitioners on contract basis will not confer upon them any right or claim on the post and their engagement can be terminated at any time without giving them any notice.

6. Petitioners, on their own showing, have acted upon the engagement order and accepted all the terms and conditions contained therein and therefore, were/are aware of the nature of their engagement in respondent-Institute. As a consequence of which, they cannot claim regularization. The issue vis-(cid:224)-vis regularization of services of contractual employees is already settled by the Supreme Court in the case of Uma Devi (supra). The Supreme Court has held that there is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis to claim that they have a right to be absorbed in service. They cannot be said to be holders of a post, since a regular appointment could be made only by making appointments consistent with the requirements of Article 14 and 16 of the Constitution of India. The right to be treated equally with other employees employed on daily wages, cannot be extended to a claim for equal treatment with those who were regularly employed. That would be treating unequals as equals. It cannot also be relied on to claim a right ot be absorbed in service even though they have never been selected in terms of relevant recruitment rules.

7. While considering the scope of judicial review as regards regularization of services of an employee, the Supreme Court in Union of India v. Ilmo Devi and another, AIR 2021 SC 4855, has held that the High Courts, in exercising power under Article 226 of the Constitution will not issue directions for regularisation, absorption or permanent continuance, unless the employees claiming regularisation had been appointed in pursuance of a regular recruitment in accordance with relevant rules in an open competitive process, against sanctioned vacant posts. The equality clause contained in Articles 14 and 16 should be scrupulously followed and Courts should not issue a direction for regularisation of services of an employee which would be violative of the constitutional scheme. While something that is irregular for want of compliance with one of the