Yogesh Mahajan v. Prof. R.C. Deka, Director, AIIMS

Special Leave Petition (Civil) · 2018 INSC 80Decided 31 Jan 2018
Special Leave Petition (Civil) Nos. 22475-22476 of 2012
Justice Madan B. Lokur · Justice Deepak Gupta

Background

The petitioner was engaged on a contract basis as a Technical Assistant (ENT) at AIIMS in 1998, with his contract repeatedly renewed on a short-term basis until it finally ran from 1 January 2010 to 30 June 2010. When AIIMS declined to extend it further, he challenged the decision before the Central Administrative Tribunal and then the Delhi High Court, both of which rejected his claim relying on the Supreme Court's earlier ruling in Secretary, State of Karnataka v. Uma Devi that irregular contractual appointments create no right to regularisation. He then approached the Supreme Court in person.

Decision Breakdown

The Supreme Court held that a contract employee has no legal right to have his contract renewed indefinitely, and agreed with the Tribunal and High Court that the petitioner could not invoke Uma Devi because his appointment was never made through a regular selection procedure. It rejected his argument that AIIMS's 2016 hiring of three new Technical Assistants (after a fresh walk-in interview) entitled him to reconsideration, holding that circumstances six years later could not retroactively revive his 2010 claim, and noting he could have applied afresh through the 2016 interview process but chose not to. Finding no arbitrariness in AIIMS's decision, the Court dismissed the petitions.

Lesson Learnt

A contractual or ad hoc government employee whose appointment was never made through a proper competitive selection process cannot claim a right to renewal or regularisation merely because the employer later advertises or fills similar posts: each hiring round is independent, and a past non-renewal cannot be revisited based on later events.

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