AI Overview...
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Regularisation of Ad Hoc Services - Several cases highlight the complexity and inconsistency in regularising services of ad hoc employees. Courts have often distinguished between limited impact regularisation (e.g., order-based or policy-driven) and full regularisation, with many ruling that ad hoc employees do not have an automatic right to regularisation. For instance, in Bishnu Priya Pradhan VS State of Arunachal Pradesh and Ors. - Gauhati, the petitioner sought regularisation under a 1996 circular, but issues of discrimination and eligibility were central. Similarly, in Khanindra Kr. Kalita VS State of Assam - Gauhati, regularisation was deemed limited and not a conversion into permanent posts.
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Legal Framework and Rules - The Regularisation Rules, such as the 1979 Rules and specific state policies, govern whether ad hoc appointments can be regularised. Courts have held that unless explicitly provided for, ad hoc employees do not have a legal right to regularisation (AMRIT LAL VS U. P. PUBLIC SERVICES TRIBUNAL, LUCKNOW - Allahabad, SANTOSH KUMARI VS STATE OF U. P. - Allahabad). The Bihar State University Act and similar statutes also emphasize that ad hoc appointments do not automatically lead to regularisation (Nilam Pandey @ Nilam Choubey VS State of Jharkhand - Jharkhand).
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Discrimination and Arbitrary Actions - Several judgments address issues of discrimination, arbitrary termination, and unequal treatment among similarly situated employees. For example, in Sanjay Kumar Sharma VS Haryana Labour Welfare Board - Punjab and Haryana, the court noted discrimination between employees appointed at different times or under different circumstances, emphasizing the need for fair and non-arbitrary treatment.
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Limitations and Conditions - Courts have clarified that regularisation is subject to specific rules, policies, and the availability of vacancies. In Kalyan Kumar Biswas VS STATE OF WEST BENGAL - Calcutta, it was held that petitioners do not have a legal right to regularisation once their terms end, and mere ad hoc appointment does not guarantee future regularisation.
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Impact of Policy Decisions - Policy measures, like the Government's regularisation schemes, influence outcomes but do not create absolute rights. For example, in Khanindra Kr. Kalita VS State of Assam - Gauhati, the order was seen as a limited regularisation, not a permanent conversion.
Analysis and Conclusion:
The jurisprudence indicates that regularisation of ad hoc services is primarily governed by specific rules, policies, and the terms of appointment. Courts generally do not recognize a right to regularisation solely based on ad hoc employment, especially if the appointment was temporary or on a contractual basis. Regularisation tends to be discretionary and dependent on the availability of posts, adherence to rules, and policy provisions. Discrimination and arbitrary actions in the treatment of ad hoc employees are scrutinized, with courts emphasizing fairness and adherence to established norms. Overall, regularisation of ad hoc services remains a nuanced issue, heavily reliant on legal provisions and policy frameworks rather than a guaranteed right.
Search Results for "Regularisation of Services on Ad Hoc Terms"
2002 0 Supreme(Gau) 148 • India - Gauhati
N.SURJAMANI SINGH
(LDC) based on a select list prepared in 1996 or in terms of the Government policy/scheme of regularisation of ad-hoc services. ... of the petitioner for regularisation of services in the post of LDC under the respondents Department in terms of the said circular ... Issues: The issues involved the regularisation of the petitioner's services as an LDC, alleged discrimination in the appointment ... or, in the alternative, in #HL_STAR....
2001 0 Supreme(All) 22 • India - Allahabad
D.S.SINHA, A.K.YOG
Regularisation - Termination of Services - The court upheld the termination of services of an erstwhile class-IV employee, finding ... Regularisation of ad hoc Appointments Rules, 1979, and found that the petitioner was not in service on the date of enforcement of ... the rule, and the rule did not confer any right upon ad hoc employees for regularisation. ... Regularisation of ad hoc Appointments (On posts outside....
2003 0 Supreme(Gau) 523 • India - Gauhati
RANJAN GOGOI
services after being selected by the APSC. ... Regularisation - Ad-hoc Appointments - Assam Public Service Commission - 3(f) - 26.5.2003 - Regulation 3(f) of APSC - UGC pay ... It held that the order dated 26.5.2003 was a limited impact regularisation and not a conversion of ad-hoc service into regular appointments ... Learned Counsel further argued that the regularisation of the ad-hoc services of the Petitioners ....
2015 0 Supreme(Manipur) 63 • India - Manipur
KH.NOBIN SINGH
After being promoted on an ad-hoc basis to Assistant Director, he was reverted to his substantive post. ... After being promoted on an ad-hoc basis to Assistant Director, he was reverted to his substantive post. ... Government of India] - [Article 14 of the Constitution] - [The petitioner, a government employee, was initially appointed on an ad-hoc ... Later on, in terms of the policy decision of the State Government for regularisation of ad-hoc services vide Office M....
2008 0 Supreme(Cal) 783 • India - Calcutta
Tapen Sen, Sadhan Kumar Gupta
Whether the petitioners were entitled to regularisation of their services. 3. ... The petitioners did not have any legal right to regularisation of their services. 5. ... They filed a writ petition seeking regularisation of their services and payment of arrears of salary. ... The Petitioners/appellants, cannot claim regularisation of their services after their terms of appointment had come to an end but in view of Para-11 of their A....
2016 0 Supreme(All) 140 • India - Allahabad
ATTAU RAHMAN MASOODI
Regularisation of Ad hoc Appointments (On Posts Outside the Purview of the Public Service Commission) Rules, 1979—Rule 4—Regularisation—Ad ... terms of Rule 4 (1) (i) to (iii) regularised in service later, past services from due date bound to be treated as officiating services ... hoc appointment—Computation of service for pension—Once an ad hoc employee whose right of consideration accrued from d....
1995 0 Supreme(P&H) 947 • India - Punjab and Haryana
JAWAHAR LAL GUPTA
regularisation of his services. ... Whether the petitioner was entitled to regularisation of his services? Ratio Decidendi: 1. ... CONSTITUTIONAL LAW - ARTICLES 14 AND 16 - TERMINATION OF SERVICES - ADHOC APPOINTMENT - REGULARISATION - DISCRIMINATION - ARBITRARINESS ... Shiv Kumar Saini who had been appointed as a Labour Inspector after the petitioner on April 10, 1989, was allowed to continue while the petitioners services had been terminated. He thus, claims that th....
2008 0 Supreme(Jhk) 983 • India - Jharkhand
D.G.R.PATNAIK
(S) No. 6030 of 2001 Fact of the Case: The petitioner sought regularisation of her services as a lecturer of Botany ... Regularisation - Service - Bihar State University Act, 1982, Section 35 - Uma Devi v. ... Ratio Decidendi: The court held that ad-hoc employees cannot claim regularisation and equal pay, as per the Bihar State University ... The issue relating to regularisation of services of ad-hoc teachers was earlier raised be....
2008 0 Supreme(Bom) 122 • India - Bombay
J.N.PATEL, NISHITA MHATRE
Therefore, terms of contract do not make them eligible for such regularisation. Petition dismissed. ... They were appointed on ad hoc basis and on salary of Rs. 300/- p.m. for particular period and their services would stand terminated ... Regularisation of Service - Service was terminated by efflux of time as per municipal resolution. ... was against clear vacancies and that they were entitled for regularisation but inspite of regularising their ....
2003 0 Supreme(AP) 699 • India - Andhra Pradesh
A.GOPAL REDDY, DEVENDER GUPTA, M.KARPAGAVINAYAGAM
The Corporation has been engaging Sub-staff (Peons) on temporary and ad hoc basis for the last several years. Their services were not being regularised and they were continued to be treated as temporary or on ad hoc basis. Employees had been agitating for regularisation of their services. ... C. of India4) was filed by some of the candidates, working on temporary or ad hoc basis seeking regularisation of their services. The said writ petition was dis....
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