No Absolute Rule That One Ad-Hoc Employee Can Never Be Replaced By Another Ad-Hoc Employee: Orissa HC Distinguishes SC Judgment

The Orissa High Court has held that there is no absolute rule that one ad-hoc/temporary employee can never be replaced with another ad-hoc employee. While dismissing a challenge against termination of a guest faculty, a Single Judge Bench of Justice Sanjeeb Kumar Panigrahi observed, "…there cannot be any absolute rule or principle that one ad hoc or temporary appointee can never be replaced by another ad hoc or temporary appointee. v. President, Jan Bhagidari Samiti and Ors., wherein it was clearly held that an ad-hoc employee cannot be replaced with another ad-hoc employee and he can only be replaced by a regular employee. The Court quoted the words of Lord Denning and held that in the matter of applying precedents the following has become quite authoritative over the years: "Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect.