Hindustan Shipyard Ltd. & Ors vs Dr. P. Sambasiva Rao Etc on 30 January, 1996
In Hindustan Shipyard Ltd. & Ors. Vs. Dr P. Sambasiva Rao
& Ors., (1996) 7 SCC 499, this Court held that in a case where the
relief of regularisation is sought by employees working for a long time
on ad hoc basis, it is not desirable for the Court to issue direction for
regularisation straightaway. The proper relief in such cases is the
issuance of direction to the authority concerned to constitute a
Selection Committee to consider the matter of regularisation of the ad
hoc employees as per the Rules for regular appointment for the
reason that the regularisation is not automatic, it depends on
availability of number of vacancies, suitability and eligibility of the ad
hoc appointee and particularly as to whether the ad hoc appointee
had an eligibility for appointment on the date of initial as ad hoc and
while considering the case of regularisation, the Rules have to be
strictly adhered to as dispensing with the Rules is totally
impermissible in law. In certain cases, even the consultation with the
Public Service Commission may be required, therefore, such a
direction cannot be issued.