Ganesh Digamber Jambhrunkar And Others vs The State Of Maharashtra And Others on 20 September, 2022
25. Thus, the settled position of law now is that no person
appointed on temporary/casual/adhoc/contractual basis can claim
regularization or permanency in service. A one time exception
has been carved out by the Apex Court in para No. 53 of the
judgment in the case of Umadevi, wherein irregular appointments
of duly qualified persons in duly sanctioned vacant posts where
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employees have worked for 10 years or more without
intervention of Court orders have been permitted to be
regularized. This Court at its Principal Seat in the case of Union
of India and others Vs. Smt. Lalita V. Mertia in Writ Petition No.
1338 of 2015 decided on 08 October 2021 has held that the said
exception made in the case of Umadevi is a one time exception and
applicable only in respect of employees who have completed ten
years as on 10th April 2006. It is held that it was never the
intention of the Apex Court to permit regularization of those who
had not completed 10 years of service as on the date of rendering
of the judgment.