Bombay High Court Dismisses Employees' Writ Petition Seeking Regularisation of Service — Ad Hoc Appointments by Registrar of Agricultural University Not Entitled to Regularisation as Appointments Were Not Through Proper Selection Process.

High Court: Bombay High Court Bench: NAGPUR In Favour of Prosecution
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Case Note & Summary

The petitioners, employees of Punjabrao Krishi Vidyapeeth, Akola, filed a writ petition under Article 226 of the Constitution of India seeking regularisation of their services. They were appointed on ad hoc basis by the Registrar of the University without following the proper selection procedure as per the relevant service rules. The petitioners argued that they had been working for several years and therefore should be regularised. The respondents, State of Maharashtra and the University, opposed the petition contending that the appointments were purely ad hoc and did not confer any right to regularisation. The court, after hearing the parties, held that ad hoc appointments made without following the prescribed selection process do not entitle the employees to regularisation. The court dismissed the writ petition, observing that the petitioners cannot claim permanency merely because they continued in service for a long period. The decision was based on the principle that regularisation can only be granted if the initial appointment was made through a proper and regular selection process.

Headnote

A) Service Law - Regularisation - Ad Hoc Appointment - Petitioners appointed on ad hoc basis by Registrar without following proper selection procedure - Held that such appointments do not confer any right to regularisation, and the petitioners cannot claim permanency merely because they continued in service for a long period (Paras 1-10).

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Issue of Consideration

Whether the petitioners, who were appointed on ad hoc basis by the Registrar of Punjabrao Krishi Vidyapeeth without following proper selection procedure, are entitled to regularisation of their services.

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Final Decision

Writ petition dismissed. Petitioners not entitled to regularisation of service.

Law Points

  • Regularisation of service
  • Ad hoc appointment
  • Article 226 of Constitution of India
  • Punjabrao Krishi Vidyapeeth Act
  • 1968
  • Service rules
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Case Details

2006 LawText (BOM) (06) 124

Writ Petition No. 2750 of 1990

2006-06-21

P.V. Kakade, B.P. Dharmadhikari

Shri R.L. Khapre for petitioners, Smt. S.S. Wandile for respondent No.1, Smt. U.A. Patil for respondent No.2

Virendra Shankarrao Gonge and others

State of Maharashtra and another

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Nature of Litigation

Writ petition under Article 226 of Constitution of India seeking regularisation of service.

Remedy Sought

Petitioners sought regularisation of their services as employees of Punjabrao Krishi Vidyapeeth.

Filing Reason

Petitioners were appointed on ad hoc basis and sought regularisation.

Issues

Whether ad hoc appointments confer right to regularisation.

Submissions/Arguments

Petitioners argued that they have worked for long period and deserve regularisation. Respondents contended that appointments were ad hoc and not through proper selection, hence no right to regularisation.

Ratio Decidendi

Ad hoc appointments made without following proper selection procedure do not confer any right to regularisation. Mere continuation in service for a long period does not entitle an employee to claim permanency.

Judgment Excerpts

By this writ petition filed under Article 226 of Constitution of India, the petitioners – employees of Respondent No.2 – Punjabrao Krishi Vidyapeeth, working ...

Procedural History

Writ petition filed in 1990 before the Bombay High Court, Nagpur Bench. Heard and decided on 21 June 2006.

Acts & Sections

  • Constitution of India: Article 226
  • Punjabrao Krishi Vidyapeeth Act, 1968:
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High Court Bombay High Court Dismisses Employees' Writ Petition Seeking Regularisation of Service — Ad Hoc Appointments by Registrar of Agricultural University Not Entitled to Regularisation as Appointments Were Not Through Proper Selection Process.
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