Case Note & Summary
The case involves a writ petition filed by 25 individuals who were appointed as temporary lecturers on ad hoc basis at Government Polytechnic College, Amravati and Gadchiroli. The petitioners were appointed without following the prescribed recruitment rules and their services were terminated when regularly selected candidates became available. The petitioners challenged their termination seeking reinstatement and regularisation. The court examined the nature of their appointment and held that temporary ad hoc employees have no right to the post and their termination is valid. The court further held that the principle of 'first come last go' applies only to regular employees and not to ad hoc appointees. The petitioners were not entitled to regularisation or reinstatement as their appointments were made de hors the rules. The court dismissed the writ petition, upholding the termination of services.
Headnote
A) Service Law - Temporary Appointment - Termination - Ad Hoc Employees - The petitioners were appointed as temporary lecturers on ad hoc basis without following recruitment rules - Their services were terminated upon appointment of regularly selected candidates - Held that temporary ad hoc employees have no right to the post and their termination is valid (Paras 1-10). B) Service Law - Regularisation - No Right to Regularisation - Temporary employees appointed de hors the rules cannot claim regularisation - The principle of 'first come last go' applies only to regular employees, not ad hoc appointees - Held that the petitioners are not entitled to regularisation (Paras 11-15). C) Service Law - Reinstatement - Not Automatic - Termination of ad hoc employees upon availability of regularly selected candidates is lawful - No right to hearing before termination for temporary appointees - Held that the writ petition is dismissed (Paras 16-20).
Issue of Consideration
Whether the termination of services of temporary ad hoc employees appointed without following recruitment rules is valid and whether they are entitled to reinstatement or regularisation.
Final Decision
Writ petition dismissed. Termination of services upheld.
Law Points
- Temporary employees have no right to regularisation
- Reinstatement not automatic for ad hoc appointments
- Termination of temporary service valid if appointment was irregular
- No right to hearing before termination for ad hoc employees
- Principle of 'first come last go' not applicable to ad hoc appointments
