Part Time employees not entitled to Regularisation. SC

Part-time employees not entitled to regularisation: SC

‘They are not working against any sanctioned post in Govt.’

19/10/2021

 

Legal Correspondent NEW DELHI

The Supreme Court has held that part-time employees are not entitled to seek regularisation as they are not working against any sanctioned post in the Government.

A Bench of Justices M.R. Shah and A.S. Bopanna clarified in a recent judgment that there cannot be any permanent continuance of part-time temporary employees.

“The status of permanency cannot be granted when there is no post. It is further observed that mere continuance every year of seasonal work during the period when work was available does not constitute a permanent status,” Justice Shah noted.

The judgment came on a plea concerning the regularisation of part-time sweepers at a post office in Chandigarh. The court said it was a settled proposition of law, that regularisation could be only as per the policy declared by the State/Government and “nobody can claim the regularisation as a matter of right”.

The court ruled in favour of the Government which had appealed against the Punjab and Haryana High Court decision to regularise the part-time employees.

“There are no sanctioned posts in the post office in which the respondents were working, therefore, the directions issued by the High Court in the judgment and order are not permissible,” the Court said.