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Employee Appointed On Contractual Basis Without Public Advertisement Does Not Have "Right To Regularization": Punjab & Haryana High Court
Drishti Yadav
9 April 2022 7:45 AM GMT
The Punjab and Haryana High Court has held that employees appointed on contractual basis without any advertisement and contrary to the provisions of Articles 14 and 16 of the Constitution of India, do not have right to regularization.The bench comprising Justice Anupinder Singh Grewal thus dismissed a petition filed by the petitioner, appointed by the Respondent as a driver for three...
The Punjab and Haryana High Court has held that employees appointed on contractual basis without any advertisement and contrary to the provisions of Articles 14 and 16 of the Constitution of India, do not have right to regularization.
The bench comprising Justice Anupinder Singh Grewal thus dismissed a petition filed by the petitioner, appointed by the Respondent as a driver for three months. His services were extended subsequently but the services were dispensed with by an order which is challenged by the petitioner stating that the same was passed without affording an opportunity of hearing to him.
After considering rival submissions of the parties, the court came to the conclusion that the petitioner's appointment was purely on a contractual basis because there is nothing on record that can prove his appointment in response to an advertisement or in accordance with the rules.
The petitioner had been appointed as a Driver on 25.08.1999 on a contractual basis for a period of three months. Subsequently, his services were extended. However, by the order dated 14.11.2003 (Annexure P-8), his services were dispensed with. There is nothing on record to indicate that the petitioner had been appointed in response to an advertisement or in accordance with the rules. The appointment was purely on a contractual basis.
Court placed reliance on the case of Punjab Water Supply and Sewerage Board versus Ranjodh Singh and others and Accounts Officer (A&I) APSRTC & others versus K.V. Ramana and others wherein it was held that employees appointed on a contractual basis without any advertisement and contrary to the provisions of Articles 14 and 16 of the Constitution of India have no right to regularization.
For the reasons stated above, the court dismissed the petition since it is without merits.
Case Title :Avtar Singh v. State of Punjab & Others 
Citation: 2022 LiveLaw (PH) 63
