Case Note & Summary
The petitioners, four individuals working as Assistant Professors at Shivaji University, Kolhapur, filed a writ petition seeking directions to treat them as permanent teachers and extend benefits. They were appointed on a year-to-year basis from 2012-13. The court, after hearing arguments, held that temporary appointments cannot be continued indefinitely when the work is perennial and vacancies are clear. The court directed the respondents to treat the petitioners as permanent Assistant Professors and extend all consequential benefits. The judgment was delivered by a division bench of Justices B.R. Gavai and Dama Seshadri Naidu on 27 March 2019.
Headnote
A) Service Law - Regularization - Temporary Appointment - Petitioners appointed as Assistant Professors on year-to-year basis from 2012-13 - University continued them against clear vacancies - Held that such temporary appointments cannot be continued indefinitely and petitioners are entitled to regularization and permanent status (Paras 2-10).
Issue of Consideration
Whether the petitioners, appointed as Assistant Professors on year-to-year basis, are entitled to be treated as permanent teachers and extended benefits.
Final Decision
Rule made absolute. Respondents directed to treat petitioners as permanent teachers in the post of Assistant Professor and extend all consequential benefits.
Law Points
- Temporary appointment cannot be continued indefinitely
- Appointments against clear vacancies must be regularized
- Year-to-year appointments are invalid if work is perennial
