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MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Gaurav Upadhyay – Appellant
Versus
Union of India through Additional Secretary, Technical Education – Respondent
JUDGMENT :
Since common questions of facts and law are involved in these writ petitions, therefore, these are being heard and decided together by this common judgment. However, for the sake of brevity, facts of Writ Petition (S/B) No. 235 of 2021 alone are being considered and discussed. Petitioner Dr. Gaurav Upadhyay has filed this writ petition seeking the following reliefs :
II. Issue a writ, order or direction in the nature of Mandamus, commanding the respondents to ensure fair and transparent selection process, by which high performing faculty can be identified in the interest of student of the Institute of Technology, Gopeshwar.
III. Issue a writ, order or direction in the nature of certiorari quashing the advertisement dated 15.2.2021 as being arbitrary, unreasonable and contrary to law.”
2. According to petitioner, he was appointed in Institute of Technology, Gope
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.
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....
Engagement on a contractual basis in project-specific roles does not confer rights to permanency, and long service cannot override express terms of engagement.
Point of Law : Re-engagement of the petitioners after the first contractual period was over will not amount to unfair practice.
Temporary employees cannot be replaced by other temporary appointees; regularization must follow due process ensuring fairness and equality in employment.
Employers must clearly specify the nature of appointments in job advertisements; failure to do so leads to regularization of initially contractual positions when recruitment processes are followed.
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