05 August 2020

Employee on continuous and long-period part-time service has not right to be regularised

In paragraph 8 of State of Tamil Nadu v. Singamuthu [(2017) 4 SCC 113], the Honourable Supreme Court laid down as follows:
"8 Part-time of casual employment is meant to serve the exigencies of administration. It is a settled principle of law that continuance in service for long period on part-time or temporary basis confers no right to seek regularisation in service. The person who is engaged on temporary or casual basis is well aware of the nature of his employment and he consciously accepted the same at the time of seeking employment. Generally, while directing that temporary or part-time appointments be regularised or made permanent, the courts are swayed by the long period of service rendered by the employees. However, this may not be always a correct approach to adopt especially when the scheme of regularisation is missing from the rule book and regularisation casts huge financial implications on public exchequer." (emphasis given) "[Para No.21]
Employee on continuous and long-period part-time service has not right to be regularised

    Going by the ratio decidendi in the above-cited precedents, the law is well settled that merely because a person claims to be in continuous service for a long period, on part-time basis, it does not confer on him any right to seek regularisation of service. The courts should not be swayed by a long period, especially when the scheme of regularisation is absent. Further, there can be no rule of the thumb particularly without the existence of a vacancy.[Para No.22]

Kerala High Court

Vipin K.P
Vs.
Life Insurance Corporation Of India

Decided on 04/08/2020





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