he 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 unless there exists a post and regularisation is done,” 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.
“The fact remains that the respondents served as part-time employees and were contingent paid staff. 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 apex court said in its verdict.
Justice Shah wrote that the powers of judicial review are limited. The High Court cannot direct the Government to sanction and create the posts.
The High Court cannot also direct the Government to formulate a particular regularization policy.
“Framing of any scheme is no function of the court and is the sole prerogative of the Government. Even the creation and/or sanction of the posts is also the sole prerogative of the Government and the High Court, in exercise of the power under Article 226 of the Constitution, cannot issue Mandamus and/or direct to create and sanction the posts,” the court held.
