Working For Long Period On Contractual Basis Creates No Vested Right For Regularisation: Supreme Court

Working For Long Period On Contractual Basis Creates No Vested Right For Regularisation: Supreme Court

The Supreme Court in the case observed and has held that by working for a long period of time on contractual basis, no vested legal right is being acquired for regularisation in service.

The Apex Court in the said case was considering an appeal of persons appointed in Shri Guru Govind Singh Institute of Engineering and Technology on contractual basis since 2011. They seek the regularisation in service in their respective posts.

Therefore, the Stated informed the Apex Court that the appointment process for the post has been complete.

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The bench comprising of Justice Aniruddha Bose and Justice Bela M Trivedi in the case observed while appreciating the time spent by the petitioners at the institute, the court held that they had not acquired any vested legal right to be regularised.

The Bombay High Court in the case observed and has stated that the arguments of the petitioner that they have given best part of their life for the said college but so far as law is concerned, this court do not find their continuous working has created any legal right in their favour to be absorbed.

Further, the court observed that there was any scheme for such regularization, they could have availed of such scheme but in this case, there seems to be none. Thus, the said court is also appraised that some of the petitioners have applied for appointment through the current recruitment process.

The court while considering the facts and circumstances of the case rejected their claim mainly on the ground that they have no right to seek regularization of their service. Thus, this court do not think any different view can be taken.

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November 2024

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