Case Note & Summary
The petitioner, Gopalkrishna Shantaram Borkar, filed a writ petition before the Bombay High Court at Goa seeking regularisation of his services as a Watchman at the Cacora Government ITI. He had applied pursuant to an advertisement published on 7th/8th March 2006 and was selected by the Departmental Selection Committee on 2nd August 2006, being first in the merit list. An offer of appointment was issued on 11th December 2006 on a contractual basis, and he was posted at ITI Margao initially for six months. His contract was extended periodically, with the last extension effective from 1st September 2010. The petitioner made representations to the respondents for regularisation, including to the Director and the Chief Minister of Goa, but received no favourable response. The legal issue was whether the petitioner, having been selected through a regular process but appointed only on a contractual basis, had a right to regularisation. The Court, after hearing arguments from the petitioner's counsel, the government advocate, and the amicus curiae, held that mere empanelment in a select list does not confer a right to regularisation, especially when the appointment was contractual and not against a permanent vacancy. The petition was dismissed, with no order as to costs.
Headnote
A) Service Law - Regularisation of Contractual Employees - Right to Regularisation - Petitioner appointed as Watchman on contractual basis after being selected through a selection process - Petitioner sought regularisation of services - Held that mere empanelment in a select list does not confer a right to regularisation, especially when the appointment was contractual and not against a permanent vacancy - The Court dismissed the petition, finding no legal right to regularisation (Paras 2-5).
Issue of Consideration
Whether the petitioner, who was appointed on contractual basis after being selected through a regular selection process, is entitled to regularisation of his services.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Regularisation of contractual employees
- Right to regularisation
- Selection process
- Contractual appointment
- Empanelment does not confer right to appointment
- Government policy on regularisation
