LI Network
Published on: 20 September 2023 at 11:30 IST
The Supreme Court of India has decisively established that working on a contractual basis for an extended period does not confer any legal entitlement to regularization of employment.
The case before the Apex Court revolved around individuals appointed at the Shri Guru Govind Singh Institute of Engineering and Technology on contractual terms since 2011. Seeking regularisation in their respective positions, they contested that their prolonged service merited a transition to permanent employment. However, the State authorities informed the Apex Court that the appointment process for these positions had already concluded.
A bench comprising Justice Aniruddha Bose and Justice Bela M Trivedi, while acknowledging the dedication and tenure of the petitioners at the institute, upheld the standpoint that they had not accrued any vested legal right to demand regularization.
The Court concurred with the stance previously taken by the Bombay High Court stated “While we acknowledge the petitioners’ commitment to the institution and the significant duration of their service, the law does not recognize their continuous work as having created any enforceable legal entitlement to permanent employment. If there were a scheme in place for such regularization, they could have availed of it. However, in this case, no such scheme exists. Furthermore, we are informed that some of the petitioners have applied for appointments through the current recruitment process. The High Court’s rejection of their claim is primarily based on the absence of their right to seek the regularization of their service. We find no reason to deviate from this view.”
Case Title: Ganesh Digamber Jambhrunkar V. State Of Maharashtra, Petition(s) for Special Leave to Appeal (C) No. 2543/2023
