The Hon’ble supreme Court in the matter of MANISH GUPTA & ANR. ETC. ETC vsPRESIDENT, JAN BHAGIDARI SAMIT & ORS. ETC. ETC. Held that :-
A perusal of the advertisement dated 24th June, 2016
issued by the Principal, Government Kamla Raja Girls Post
Graduate Autonomous College, Gwalior, which is at Annexure
P2 of the Appeal Paper Book and the advertisement dated 2nd
July, 2016 issued by the Principal, SMS Government Model
Science College, Gwalior, M.P., which is at Annexure P3 of the
Appeal Paper Book, would show that the appointments were to
be made after the candidates had gone through due selection
procedure. Though Shri Nataraj, learned ASG has strenuously
urged that the appointments of the appellants were as guest
lecturers and not as ad hoc employees, from the nature of the
advertisements, it could clearly be seen that the appellants
were appointed on ad hoc basis. It is a settled principle of law
that an ad hoc employee cannot be replaced by another ad hoc
employee and he can be replaced only by another candidate
who is regularly appointed by following a regular procedure
prescribed. Reliance in this respect can be placed on the
judgment of this Court in the case of Rattan Lal and others
- State of Haryana and others1 and on the order of this
Court in the case of Hargurpratap Singh vs. State of Punjab
and others2.
- In that view of the matter, we do not find that an error was
committed by the learned single judge of the High Court by
directing the writ petitioners to continue to work on their
respective posts till regular selections are made. We, however,
find that the direction issued by the learned single judge of the
High Court that the writ petitioners would be entitled to get the
salary in accordance with the UGC circular is not sustainable.
The advertisements themselves clearly provided that the
selected candidates would be paid the honorarium to be
determined by the said Committee.
- We are informed at the Bar that the appellants are being
paid on a per hour basis, i.e., at the rate of Rs.1,000/ per hour
and they are continuing to work in pursuance of the order of
status quo passed by this Court on 28th April, 2017. We also
find substance with the submission made on behalf of the
respondent – State that continuation of the appellants would
depend on the number of students offering themselves for the
concerned courses.
- In that view of the matter, we are inclined to partly allow
the present appeals.
- Accordingly, we pass the following order:
- The appeals are partly allowed.
- The impugned judgment and order dated 8th February,
2017 passed by the Division Bench of the High Court of
Madhya Pradesh, Gwalior Bench in Writ Appeal No.386
of 2016 along with companion matters is quashed and
set aside;
- The judgment and order dated 29th September, 2016
passed by learned single judge of the High Court is
modified as under:
(i) The writ petitioners appellants herein would be
entitled to continue on their respective posts till
they are replaced by regularly selected candidates;
(ii) The writ petitioners appellants herein would be
continued on their respective posts provided that a
sufficient number of students are available for the
particular course(s) for which the writ petitioners –
appellants herein are appointed.
(iii) The writ petitioners – appellants herein would be
entitled to honorarium at the rate of Rs.1,000/
per hour as is being paid to them presently.
.