Case Note & Summary
The petitioners, three teachers working on clock hour basis at a municipal Urdu high school, filed a writ petition seeking continuation in service until regularly selected candidates report for duty. They relied on the Supreme Court judgment in State of Haryana vs. Piara Singh, which held that adhoc employees should not be substituted by another set of adhoc employees. The respondents argued that the petitioners were not adhoc employees but were engaged on a clock hour basis for a fixed period of one year, and thus the Piara Singh principle was inapplicable. The High Court, after hearing both sides, held that the petitioners' engagement was purely on a clock hour basis, not adhoc, and therefore they had no right to continue beyond the contractual period. The petition was dismissed.
Headnote
A) Service Law - Clock Hour Basis Employees - Distinction from Adhoc Employees - Petitioners were appointed on clock hour basis for one year, not as adhoc employees - The principle in State of Haryana vs. Piara Singh applies only to adhoc/temporary employees, not to those engaged on a purely contractual clock hour basis - Held that the petitioners cannot claim protection under Piara Singh (Paras 2-4).
Issue of Consideration
Whether teachers working on clock hour basis are entitled to be continued in service till regularly selected candidates join, relying on the principle in State of Haryana vs. Piara Singh.
Final Decision
The petition is dismissed. Rule discharged. No costs.
Law Points
- Clock hour basis employees are not adhoc employees
- Piara Singh principle applies only to adhoc/temporary employees
- no right to continue beyond contractual period
Case Details
2013 LawText (BOM) (04) 102
Writ Petition No. 4133 of 2012
B.P. Dharmadhikari, A.B. Chaudhari
Shri A.P. Tathod for petitioners; Shri S.A. Sahu holding for Shri M.I. Dhatrak for respondents 1 & 2; Shri M.P. Kariya for respondents 3 to 7
Aman Shah Hussain Shah, Sk. Salim Sk. Mohammad, Wasim Khan Hussain Khan
The Chief Officer, Municipal Council, Karanja (Lad); The Headmaster, Mulji Jetha Nagar Parishad, Urdu High School, Karanja (Lad); Sakib Nadim A. Naim; Quazi Moinoddin Quazi Najimoddin; Md. Imranul Haq Md. Shoukat; Mirza Hasibbeg Kausarbeg; Shadab Ahmed A. Gani
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Nature of Litigation
Writ petition seeking continuation in service for teachers working on clock hour basis.
Remedy Sought
Petitioners sought direction to be continued in service till regularly selected candidates report for work.
Filing Reason
Petitioners were engaged on clock hour basis and feared substitution by another set of adhoc employees.
Issues
Whether teachers working on clock hour basis are entitled to be continued in service till regularly selected candidates join, relying on the principle in State of Haryana vs. Piara Singh.
Submissions/Arguments
Petitioners argued that they cannot be substituted by another set of adhoc employees and should be continued till regularly selected candidates report, relying on Piara Singh and Rajendra Kamble.
Respondents argued that petitioners are not adhoc employees but clock hour basis workers for one year, so Piara Singh is inapplicable; relied on Gangadhar Pillai.
Ratio Decidendi
The principle in State of Haryana vs. Piara Singh applies only to adhoc/temporary employees, not to those engaged on a purely contractual clock hour basis. Petitioners working on clock hour basis for a fixed period have no right to continue beyond that period.
Judgment Excerpts
The petitioners, who are working on clock hour basis, rely upon the judgment of the Hon'ble Apex Court in the case of State of Haryana & Ors. vs. Piara Singh & Ors.
The respective counsel appearing for the respondents submit that the petitioners are not adhoc employees and they were working only on clock hour basis that too for a period of one year.
Procedural History
Writ Petition No. 4133 of 2012 filed in Bombay High Court, Nagpur Bench. Heard finally with consent of parties. Judgment delivered on April 16, 2013.
