Contractual Employees: No Vested Right to Post or Job Security

2025 0 Supreme(Jhk) 1055

Thus, vested right is a right independent of any contingency and it cannot be taken away without consent of the person concerned. Vested right can arise from contract, statute or by operation of law. ... In Webster’s Comprehensive Dictionary (International Edition) at p. 1397, “vested” is defined as law held by a tenure subject to no contingency; complete; established by law as a permanent right; vested interest. 13. ... The position of law is well....

2023 0 Supreme(Del) 5406

The writ of mandamus is issued in cases, where there is a vested right. In the present case the petitioner does not have a vested right of being appointed to the said position which has been abolished. ... Per Contra, learned counsels appearing on behalf of the respondents submitted that the petitioner was a contractual employee and has no legal right to claim either the continuation, regularisation, or maternity benefits on the concerned post. ... I....

2023 0 Supreme(Bom) 259

He would submit that petitioner was granted merely a contractual engagement as Plant Engineer, which was not a promotion. That the post of Plant Engineer is to be filled in by way of direct recruitment and that therefore the petitioner had no vested right to seek appointment on that post. ... In these circumstances, petitioner demands continuation on the post of Plant Engineer till the post is filled up on regular basis invoking principle of ‘ad-hoc employee....

2024 0 Supreme(Raj) 180

Suresh (Supra), has categorically held that contractual engagement does not create a vested right of employment in favour of the workers, engaged through a placement agency. ... employees, shall not create a vested right of employment in their favour. ... The relevant extract of the said judgment is reproduced herein-under:- “The issue with which we are concerned in this petition is as to whether by working for a long period of time on contractual basis, the petitioners have acquired a....

The Respondent in the Statement In Reply contended that the lawful termination of the probationary employment of the Claimant which in accordance with the contractual right or privilege vested upon the Respondent under the Clause 2, Letter of Employment. ... It is well established that a probationer has no substantive right to hold any post and he holds no lien on the post. The probationer is on trial to prove his fitness for the post which he offers his service. ... ....

Industrial Court, Kuala Lumpur

It is well established that a probationer has no substantive right to hold any post and he holds no lien on the post. The probationer is on trial to prove his fitness for the post which he offers his service. ... The Respondent in the Statement In Reply contended that the lawful termination of the probationary employment of the Claimant which in accordance with the contractual right or privilege vested upon the Respondent under the Clause 2, Letter of Employment. IS....

It is well established that a probationer has no substantive right to hold any post and he holds no lien on the post. The probationer is on trial to prove his fitness for the post which he offers his service. ... The Respondent in the Statement In Reply contended that the lawful termination of the probationary employment of the Claimant which in accordance with the contractual right or privilege vested upon the Respondent under the Clause 2, Letter of Employment. I....

2022 0 Supreme(Guj) 1170

Thus, the petitioner has no right to the post on which he has been appointed on contractual basis. Merely because, he has continued for so many years the same can not entitle him the benefit of having regularized in the same post. ... It is also well-settled law by several other decisions of this Court that appointment on ad hoc basis/temporary basis comes to an end by efflux of time and persons holding such post have no right to continue on the post and ask for regul....

2020 0 Supreme(HP) 419

Law Officer of this Directorate on outsource basis against the post of Social Development Expert under SLTC PMAYHFA at Sundernagar in the Directorate of Urban Development at fixed emoluments @ Rs.45,000/- p.m. in the public interest, please." ... The contractual services are initially upto 07.03.2020 and are purely temporary against the assigned project. In case the project is abandoned/discontinued, due to any reasons before the said period, the contractual services shall be terminated at fifteen days' notice. ... Th....

2025 Supreme(US)(ca2) 60

lacked any vested contractual right,” id. at 210 n.4. ... When a party claims that a right vested under a CBA, “[i]n this Circuit, to reach a trier of fact, an employee does not have to ‘point to unambiguous language to support a claim. ... under the agreement, or where, under normal principles of contract interpretation, the disputed contractual right survives expiration of the remainder of the agreement. ... In Litton, the Supre....

2023 0 Supreme(Jhk) 33

3 has submitted that the petitioner was a contractual employee and he does not have any vested right in the said post.

2022 0 Supreme(Pat) 344

More over, this Court finds that the termination is in consequence of the regularly selected persons having joined the post. There is no right available to contractual employee to continue on the post. The petitioners after having participated in the regular selection and having failed therein can not claim continuation.

2018 0 Supreme(Jhk) 525

The petitioners are trained Computer Data Entry Operator and only as they have been appointed on contractual basis, steps are taken to throw them out of service by appointing another set of persons on the same post sponsored by JAP-IT. It is settled principle of law that a contractual employee, though, has no right to hold the post, but cannot be replaced arbitrarily by another contractual employee or through contractor's employee.

2016 0 Supreme(Jhk) 1188

Normally, the Courts would not interfere with the decision of the executives, transferring an employee from one place to another place unless the order of transfer is shown to be issued in breach of statutory rules or it is shown that it is actuated with malice in law. No officer in his personal capacity has been made a party-respondent who alleged to have malice against the petitioner. In the present proceeding, the petitioner has failed to establish that the order of transfer vide Notification dated 29.06.2016 has been issued in breach of statutory provisions. No employee can cla....

2016 0 Supreme(Guj) 1812

It is only a permanent employee who has a right to continue in service till the age of superannuation (unless he is dismissed or removed after an inquiry, or his service is terminated due to some other valid reason earlier). As regards a temporary employee, there is no age of superannuation because he has no right to the post at all. Whereas a permanent employee has a right to the post, a temporary employee appointed on contractual basis has no right to the post. The distinction between a temporary employee and a permanent employee is well-settled.