Long-Term Contract Employment Cannot Override Regular Recruitment Process; Bombay HC
1 month, 2 weeks ago

Long-Term Contract Employment Cannot Override Regular Recruitment Process; Bombay HC

Live Law  

Bombay High Court: A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar directed the regularization of staff nurses employed on contract basis in the Union Territory of Daman and Diu. The court overturned the Central Administrative Tribunal's dismissal, ruling that the nurses, who were recruited through proper selection processes in accordance with the 1967 Service Rules, were entitled to regular appointment status despite being initially hired on contract. Arguments Counsel for the petitioners, Shri Ramesh Ramamurthy, contended that their appointments were made through an open selection process with Represented by Shri Harsh P. Dedhia, the respondents argued that the employment terms clearly stated that the appointments were on a contractual basis. Court's Reasoning Firstly, the court found that the petitioners met the required qualifications and age criteria under the 1967 Service Rules and were selected following a valid recruitment process.

Contract Court Recruitment Selection Service Process Rules Status Cat Regular Appointment Petitioners Directorate Regular Recruitment Regular Status  employment  process  court  bombay  service  regular  rules  override  recruitment  petitioners  appointment  hc  status  selection  shri  longterm  contract

History of this topic

Long Service And Transparent Recruitment Merit Regularization Despite Absence Of Rules: Madras HC
1 month, 1 week ago

Long Service And Transparent Recruitment Merit Regularization Despite Absence Of Rules: Madras HC

Live Law  

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan directed the Indian Maritime University to regularize the services of eight contractual employees. The Court ruled that their appointments, though irregular, were not illegal as they were made through a transparent recruitment process including public Background The appellants are eight individuals holding various contract positions …

Employees Can't Be Regularized If Employment Was Based On Outsourcing Contracts, Not Intended To Create Permanent Employment: Karnataka High Court
6 months, 1 week ago

Employees Can't Be Regularized If Employment Was Based On Outsourcing Contracts, Not Intended To Create Permanent Employment: Karnataka High Court

Live Law  

A single judge bench of the Karnataka High Court comprising of Justice N S Sanjay Gowda, while deciding Writ Petition in the case of Uemsha T N and Ors vs. State of Karnataka, held that employees cannot be granted permanent status if their employment was through outsourcing contracts that were not meant to establish permanent positions. Background Facts The Employees …

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