WINNIE FARID Vs. STATE OF U P

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) BY this common judgment a bunch of cases pertaining to ad-hoc, Appointment are being disposed off as issue to be decided in the Writ Petition, centers round the question whether the writ petitioner's who are appointed on ad-hoc Basis vests any right for regularization in services.

(3.) HOWEVER, where an appointment made by the State is without competence or without following the procedure prescribed by law, the incumbent cannot claim any right. In such cases the contract of services is not enforceable in law. Any ad-hoc appointment may by the authority be regularized according to rules, provided that the incumbent has eligibility qualification of the posts. If the incumbent has continued for long, the vacancy should be fill up on permanent basis in accordance with law and the person working may also be considered in accordance with rules. The employer must fill up those posts by a permanent appointment in accordance with the Rules rather than allow such ad-hoc appointments continued for years together.