Regularisation of Service
Regularisation means “ to make regular”. once the services are regularised, the appointment can become substantive (I.e permanent) and cannot be terminated without giving a reasonable opportunity of being heard.
Regularisation and Ad hoc appointees –
Ad hoc appointments, means appointment for special and particular to last for a particular period. An Ad hoc appointment made and continued from time to time does not get automatically regularized. Where ad hoc appointees were regularised and the appointments continued for a number of years, subsequent review of such regularisation on technical grounds and the consequent cancellation of such appointments has been held to be illegal.
There are dicta of the supreme court that if an ad hoc or temporary employee is continued for a fairly long spell, the authorities must consider his case for regularisation provided he is eligible and qualified according to the rules and his service record is satisfactory and his appointment does not run counter to the reservation policy of the state.
The claim for regularisation has also been negatived in cases where the persons have been employed not by the Government but were the employees of a Government Organisation which was not sanctioned by the Government and in relation to which the Government had not created any posts.
Regularisation & Contractual Appointments-
The Right of regularisation of a person appointed on a purely contractual basis would be depend on the express and/or implied terms of the contract. For example – A person appointed on a purely contractual basis by the state on the specific express condition that his services shall be liable to be terminated at any time without giving any notice or assigning any reason and that the tenure of the appointment is for a limited period and would not have any right to be absorbed in regular cadres, has no right to be absorbed permanently.
Occasions for regularisation –
The question of regularisation of service arose where appointment was regular and appointment is made accordance with regularisation rules, prescription of a qualification subsequent to such regularisation as minimum qualification for the post will not invalidate the appointment by regularisation. Regularisation applied when persons worked for a long period of more than a decade.