Case Note & Summary
The petitioner, Jayshree Kolhare, was appointed on a contract basis as a Data Entry Operator under the District Primary Education Program (DPEP) by the Zilla Parishad, Aurangabad. The DPEP was a centrally sponsored scheme launched in 1994, which later merged into Sarva Shiksha Abhiyan (SSA) in 2003. The petitioner sought directions to absorb or regularize her services, relying on instances where similarly situated employees were accommodated and on case laws directing regularization. The respondents opposed the petition, arguing that the appointment was purely contractual and project-based, with no sanctioned posts. The court, after hearing the parties, dismissed the writ petition, holding that the petitioner had no right to regularization or absorption. The court emphasized that contractual appointments under time-bound schemes do not create a right to permanent employment, and that regularization can only be done in accordance with statutory rules and against sanctioned posts. The court also noted that the petitioner had accepted the contractual terms and could not claim a vested right to continue beyond the project period.
Headnote
A) Service Law - Regularization - Contractual Appointment - No Right to Absorption - Petitioner appointed on contract basis under Sarva Shiksha Abhiyan, a time-bound project, sought regularization - Court held that there is no right to regularization or absorption in the absence of sanctioned posts and statutory rules - Held that project-based appointments do not confer any right to permanent employment (Paras 2-10).
Issue of Consideration
Whether a contractual employee appointed under a time-bound project (Sarva Shiksha Abhiyan) is entitled to regularization or absorption in government service.
Final Decision
Writ petition dismissed. No direction for regularization or absorption of the petitioner.
Law Points
- Regularization of contractual employees
- No right to absorption
- Project-based appointments
- Distinction between regular and contractual employment
- Sarva Shiksha Abhiyan scheme
