Temporary Official Appointed On Daily Rated Or Work Charge Basis To Do Specific Job Cannot Claim Seniority For Such Service Period
Case: Bses Yamuna Power Limited V. The Presiding Officer & Another
Coram: Justice Gaurang Kanth
Case No.: W.P.(C) 5746/2003
Court Observation: “The post of Mason is a different stream with different appointment qualifications altogether, and that is through direct recruitment and not regularisation of services. If any workman is willing to hold the position of Mason, he would have to go through the process of direct recruitment as and when the vacancy arises,”
“The policy of the department cannot be given a go-by. No appointment can be made without following the due process,”
“A temporary official who is purely appointed on daily rated/work charge basis for specific period to do a specific job, cannot claim to be a regular employee of an establishment and thus cannot claim seniority for the period of his service rendered on work charge basis.”
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