Continuance in service for a long period on a part-time or temporary basis does not confer the right to seek regularization of service.

The sole question which falls for consideration in this writ petition is whether the service of the petitioner can be regularized with effect from the date of his initial engagement as Foreman?

2. The facts giving rise to this writ petition may be briefly noticed at the outset. The petitioner was initially appointed as Foreman, Electronic & Telecommunication Engineering in the pay scale of Rs.2,200-Rs.4,000/- on ad hoc basis on 31-3-2000 in the Polytechnic Institute, Narsingarh. His pay scale was revised to Rs.8,000-Rs.13,500/- by the Memorandum of engagement dated 28-3-2000. The Tripura Public Service Commission after holding the selection process duly recommended him for the post of Foreman. On the recommendation of the TPSC, the State-respondents issued the Notification dated 13-3-2006 appointing him to the post of Foreman, Electronic & Telecommunication Engineering. The grievance of the petitioner that the services rendered by him from 31-3-2000 was not taken into account, and his service should be regularized with effect from the date he was initially appointed as Foreman on ad hoc basis. It is the contention of the petitioner that he had been continuously serving as Foreman right from the time of his ad hoc appointment without any break in his service and he is, there fore, entitled to regularization of his service from the date of his initial engagement i.e. 31-3-2000 as he has now been selected for the post in accordance with law. It is his further contention that the services of similar persons, who were initially appointed on ad hoc basis, were also regularised with effect from the respective dates of their initial ad hoc appointment pursuant to the judgment dated 19-4-2013 passed by this Court in WP(C) No. 476 of 2010 and inasmuch as no appeal was filed by the State respondents against the said judgment, he is also entitled to be treated equally.

3. No affidavit-in-opposition is filed by the state-respondents till now. However, this is not really important in view of the settled law of the land. It is a settled principle of law that continuance in service for long period on part-time or temporary basis confers no right to seek regularisation of service. In the instant case, there is no question of regularisation of service of the petitioner. True, he was initially appointed as Foreman from time to time on ad hoc basis or temporary basis on 31-3-2000 with the conditions, among others, that the appointment was purely temporary for a period of 6 months from the date of joining of the post and that his appointment would not bestow upon him a claim for regular appointment and that ad hoc service rendered by him would not count for purpose of the seniority in the grade and for eligibility for promotion, confirmation, Electronics and Telecommunication Engineering, Polytechnic Institution, etc. and that he would to face the TPSC for selection to the post of Foreman. After working there on temporary basis, he applied for the post of Foreman in response to the advertisement issued by the TPSC and on his selection, he appointed to the post of Foreman on 13-3-2006 in the pay scale of Rs.7,450- 13,000/- on regular basis. This appointment is not exactly regularisation of the service of the petitioner. In my opinion, he was appointed to the said post on the recommendation of TPSC in accordance with the extant recruitment rules and not by regularization as is known in the true sense of the term. In State of Rajasthan and others v. Daya Lal and others, (2011) 2 SCC 429, the Apex Court sums up the principles relating to regularization of service in the following manner:

“12. We may at the outset refer to the following well settled principles relating to regularisation and parity in pay, relevant in the context of these appeals:

(i) 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 reg