2017 LAB. I. C. 3512 ::2017 (4) ADR 628 ::(2017) 238 DLT 760

Delhi High Court

Hon'ble Judge(s): Valmiki, J. Mehta , J

(A) Constitution of India Art. 16, 309 — Contractual employment — Regularization of services — Contractual employment can be confirmed after probation, only if original advertisement is for regular appointment to permanent posts — Advertisement issued by Govt. mentioning appointment to be made strictly on contractual basis for four years — Extension only upto another four years provided in advertisement — Appointment of employees not made to regular post — Services of contractual employees, cannot be regularized. AIR 2008 SC (Supp) 1177, AIR 2006 SC 2319, AIR 2007 SC (Supp) 259, 2011 AIR SCW 1332 and AIR 2006 SC 1806, Rel. on.

(B) Constitution of India Art. 16 — ? Contractual employment — Continuation of services — Contractual employees cannot to be replaced by similarly situated employees, except when valid reasons exists, for not continuing their services — Reasons for not continuing employment must be intimated to employee by passing speaking order — Relief of continuation of services granted to contractual employees. AIR 1992 SC 2130, Rel. on.