ANIRUDDHA BOSE, BELA M. TRIVEDI
Ganesh Digamber Jambhrunkar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. employment based on contractual terms and lack of regularization (Para 3) |
| 2. no legal right to regularization from prolonged contract work (Para 4 , 5) |
| 3. final dismissal of the petition and related applications (Para 6 , 7) |
ORDER :
1. Upon hearing the counsel the Court made the following Order
2. Heard learned counsel for the petitioners and the respondent-State.
3. The petitioners were all appointed in Shri Guru Govind Singh Institute of Engineering and Technology on contractual basis and their appointments were made sometime in the year 2011. They are aggrieved as a regular recruitment process has started and we are apprised by learned counsel for the respondent-State that at present such process stands completed now but appointment letters are yet to be issued. The petitioners want to be regularized in the post for which such appointment process has been started and in this regard, learned counsel for the petitioners has relied on a judgment of this Court in the case of Sheo Narain Nagar and Others Vs. State of Uttar Pradesh and Another: 2018(13) SCC 432. Paragraph ‘7' of this judgment reads as under:
Sheo Narain Nagar and Others Vs. State of Uttar Pradesh and Another: 2018(13) SCC 432 [Para 3]
The court ruled that long-serving contractual employees cannot be denied regularization based solely on contractual labels, emphasizing fair treatment under constitutional principles.
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Temporary employees appointed via constitutional procedures are entitled to regularization, highlighting the need for compliance with recruitment mandates to ensure fairness and uphold employee right....
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