VidhiSangh

Supreme Court of India · 24/11/2022

CHIEF EXECUTIVE OFFICER, ZILA PARISHAD, THANE & ORS. versus SANTOSH TUKARAM TIWARE & ORS.

[2022] 15 S.C.R. 817 · 2022 INSC 1229

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Summary

In 2010 Thane Zila Parishad engaged an ambulance driver at a primary health centre on a two-month contract, as a stopgap until a tender for outsourced drivers was finalised. His appointment order said it would end once a regular driver was posted. The tender took years, and he was re-engaged repeatedly until July 2021, when the contract went to an agency and his engagement ended. The Bombay High Court set aside the termination, which he had not challenged, and ordered his regularisation for long service. The Supreme Court reversed that order. Long continuance on a contractual stopgap basis, without any selection process, gives no right to regularisation, particularly where policy was to obtain drivers through contractors. Pandurang Sitaram Jadhav and Sheo Narain Nagar were distinguished on their facts.

Issues

  1. Whether a driver engaged on contract as a stopgap pending outsourcing, without any selection process, is entitled to regularisation because of nine to ten years' continued engagement.

Provisions considered

Held

Result

Civil Appeal No. 8856 of 2022 allowed; the Bombay High Court judgment dated 16.12.2021 in Writ Petition No. 4731 of 2021 setting aside the termination and directing regularisation set aside and the writ petition dismissed; no costs.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 817.