Case Note & Summary
The petitioners, four individuals appointed as ad hoc lecturers at the Government College of Engineering, Chandrapur, filed a writ petition challenging the order of the Maharashtra Administrative Tribunal dated 01.03.2002. The Tribunal had dismissed their Original Application No. 729 of 2001 seeking regularization of their services. The petitioners had been appointed on an ad hoc basis after advertisement and interview, but the posts were gazetted and required selection by the Maharashtra Public Service Commission (MPSC). The petitioners had applied for the posts through MPSC but were not selected. They claimed that additional posts existed and they could be regularized. The Tribunal dismissed the application but directed the respondents to follow the principle of 'last come, first go' while terminating ad hoc employees. The High Court upheld the Tribunal's decision, holding that ad hoc appointments do not confer any legal right to regularization, especially for gazetted posts. The court found no substance in the petition and dismissed it.
Headnote
A) Service Law - Regularization - Ad Hoc Appointment - Right to Regularization - The petitioners, appointed as ad hoc lecturers in a government engineering college, sought regularization. The court held that mere working on ad hoc basis for some years does not confer any legal or enforceable right to regularization, especially for gazetted posts which must be filled through the Maharashtra Public Service Commission. (Paras 1-4)
B) Service Law - Termination - Last Come First Go - The Tribunal directed the respondents to follow the principle of 'last come, first go' while terminating ad hoc employees. The High Court upheld this direction. (Para 2)
Issue of Consideration
Whether ad hoc lecturers in a government engineering college have a legal right to regularization on the posts they were holding.
Final Decision
The High Court dismissed the writ petition, upholding the Tribunal's order. No order as to costs.
Law Points
- Ad hoc appointment does not confer right to regularization
- Gazetted posts must be filled through MPSC selection
- Principle of last come first go for termination of ad hoc employees
Case Details
2017 LawText (BOM) (06) 137
WRIT PETITION NO. 1217 OF 2002
R. K. Deshpande, Mrs. Swapna Joshi
Shri Anand Parchure for Petitioners, Shri N.S. Rao, AGP for Respondents
Vikas Pandurang Dongre, Nitin Suresh Zope, Sachin Suresh Nerkar, Abdul Rehman Abdul Gani Ansari
State of Maharashtra, The Director of Technical Education, Government College of Engineering, Chandrapur
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Nature of Litigation
Writ petition challenging the order of Maharashtra Administrative Tribunal dismissing application for regularization of ad hoc lecturers.
Remedy Sought
Petitioners sought regularization on the posts of lecturers in Government Engineering College where they were working on ad hoc basis.
Filing Reason
Petitioners were appointed on ad hoc basis as lecturers and sought regularization after working for some years.
Previous Decisions
Maharashtra Administrative Tribunal dismissed Original Application No. 729 of 2001 on 01.03.2002, but directed respondents to follow principle of 'last come, first go' for termination.
Issues
Whether ad hoc lecturers have a legal right to regularization on gazetted posts without MPSC selection.
Submissions/Arguments
Petitioners argued that they were appointed after advertisement and interview, and additional posts existed, so they should be regularized.
Respondents argued that the posts are gazetted and can only be filled regularly through MPSC selection, and petitioners were not selected.
Ratio Decidendi
Ad hoc appointment does not confer any legal or enforceable right to regularization, especially for gazetted posts which must be filled through the Maharashtra Public Service Commission.
Judgment Excerpts
Merely because the petitioners have worked on the posts for some years on ad hoc basis does not confer upon them any legal and enforceable right to get continuation in service by way of regularization.
Procedural History
Petitioners filed Original Application No. 729 of 2001 before Maharashtra Administrative Tribunal, Nagpur Bench, which was dismissed on 01.03.2002. They then filed Writ Petition No. 1217 of 2002 before the Bombay High Court, Nagpur Bench, which was dismissed on 28.06.2017.
