Case Note & Summary
The petitioners, a group of staff nurses employed in various government hospitals in Maharashtra, were appointed on an ad hoc basis and had been working for several years. They filed writ petitions seeking regularization of their services and equal pay for equal work, arguing that they performed the same duties as regularly appointed staff nurses but were paid less and denied permanent status. The State opposed the petitions, contending that the appointments were purely temporary and ad hoc, and that regularization would violate recruitment rules. The court examined the principles of equal pay for equal work and the legitimate expectation of ad hoc employees. It noted that the petitioners had been working continuously for long periods, sometimes exceeding five years, and that their services were essential. The court held that while regularization cannot be automatic, the State must consider framing a policy for regularization of such ad hoc appointees, and in the meantime, they are entitled to equal pay for equal work. The court directed the State to treat the petitioners at par with regularly appointed staff nurses for salary purposes and to consider their regularization in accordance with law. The judgment emphasized that the right to equality under Articles 14 and 16 of the Constitution applies to ad hoc employees who have rendered long service.
Headnote
A) Service Law - Regularization of Ad Hoc Appointments - Articles 14, 16 Constitution of India - Petitioners, staff nurses appointed on ad hoc basis, sought regularization and equal pay - Court held that ad hoc appointees who have worked for long periods are entitled to consideration for regularization and equal pay for equal work, directing the State to frame a policy (Paras 1-10).
Issue of Consideration
Whether staff nurses appointed on ad hoc basis are entitled to regularization of their services and equal pay for equal work.
Final Decision
The court allowed the writ petitions, directing the State to consider framing a policy for regularization of ad hoc staff nurses and to grant them equal pay for equal work.
Law Points
- Regularization of ad hoc appointments
- Equal pay for equal work
- Legitimate expectation
- Articles 14 and 16 of the Constitution of India
