No regularisation can be claimed if service-span is less than three years

Delhi High Court: In a writ petition under Article 226 before the Delhi High Court, the petitioner sought the relief of continuation as a teacher in the Dayanand Model School. She pleaded that the advertisement that guided her for applying in the school as a teacher did not mention that the employment was only on temporary basis and the same was not informed to her even after her appointment. On the other hand, respondent submitted that the employment was purely on ad hoc basis and the same was conveyed to the petitioner at the time of her interview even though it was not mentioned in the advertisement.

Hearing both the parties, the Court noticed that the petitioned had failed to produce before the Court her letter of appointment issued to her mentioning whether she was appointed on regular or temporary basis. The Court said that a contractual teacher could seek regularisation only after three years of service and for this, relied on several judgments, Hamdard Public School V. Directorate of Education, (2013) 202 DLT 111 and Army Welfare Education Society v. Manju Nautiyal, 2015 SCC OnLine Del 13072. The Court held that as the petitioner had still not completed three years of her service in the school, she therefore, was not entitled to the benefit of regularisation as had been granted by the Court in previous cases before it. [Arun Lata v. Dy. Director of Education, 2017 SCC OnLine Del 6909, decided on 06.02.2017]

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