The Supreme Court, in Ganesh Digamber Jambhrunkar v. State of Maharashtra 2023 SCC OnLine SC 1417, has recently held that by working for a long time on contractual basis, no vested legal right is acquired for regularization in service.
The Apex Court was considering the appeal of persons appointed in Shri Guru Govind Singh Institute of Engineering and Technology on contractual basis since 2011. They had sought regularisation in service in their respective posts. However, the appointment process for the post had been complete, the State informed the Apex Court.
A bench comprising of Justice Aniruddha Bose and Justice Bela M Trivedi, while appreciating the time spent by the petitioners at the institute, held that they had not acquired any vested legal right to be regularised. The view of the Bombay High Court was thus affirmed:
“We appreciate the argument of the petitioners that they have given best part of their life for the said college but so far as law is concerned, we do not find their continuous working has created any legal right in their favour to be absorbed. In the event there was any scheme for such regularization, they could have availed of such scheme but in this case, there seems to be none. We are also apprised that some of the petitioners have applied for appointment through the current recruitment process. The High Court has rejected their claim mainly on the ground that they have no right to seek regularization of their service. We do not think any different view can be taken.”
The matter was argued by Advocate Manisha Karia.
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