Ad-hoc employee can be replaced only by regular employee and not another adhoc Employee
TO REPLACE THEY HAVE TO PROVE THAT THEIR PERFORMANCE IS LOW WHICH IS TOUGH TO PROVE
In Harminder Kaur and Others Vs. UOI and Others, (2009) 7 SCALE 204, ruled that in such an even the contract workers can be replaced by another set of contract workers and they cannot seek regularization as a matter of right. However, they are free to participate in the selection process in which the question of relaxation in age has to be considered.
18. With utmost respect to the Honble Members, we do not agree with the reasoning given above because in the judgment of Harminder Kaur (Supra) it is nowhere stated that one set of contractual employee can be replaced by another set of contractual employee. On the contrary, in para 3 of the judgment it was observed that the teachers on contract basis should not be replaced by another set of contractual employees.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
L. NAGESWARA RAO; B.R. GAVAI; JJ.
APRIL 21, 2022
CIVIL APPEAL NOS.3084-3088 OF 2022 [Arising out of Special Leave Petition (Civil) No.12946-12950 of 2017]
MANISH GUPTA & ANR. ETC. ETC. VERSUS PRESIDENT, JAN BHAGIDARI SAMITI & ORS. ETC. ETC.
Service Law - An ad hoc employee cannot be replaced by another ad hoc employee and he can be replaced only by another candidate who is regularly appointed by following a regular procedure prescribed. [Referred to Rattan Lal and others vs. State of Haryana, (1985) 4 SCC 43; Hargurpratap Singh vs. State of Punjab and others
(2007) 13 SCC 292] (Para 12)
(Arising out of impugned final judgment and order dated
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