Regularisation of employees

Querist : Anonymous (Querist) 02 April 2020 This query is : Resolved
If a person was recruited as ad-hoc assistant professor in 1984 and later got regularised after serving for 2 years under the Madhya Pradesh regularisation of ad-hoc appointment 1986 . Can he be called a "direct recruit" ?

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Sudhir Kumar, Advocate Online

(Expert) 02 April 2020
please post facts of the case rather than setting question paper.

Querist : Anonymous (Querist) 02 April 2020
I have Incorporated the details required

Raj Kumar Makkad (Expert) 02 April 2020
Working for two years on adhoc service followed by his regularization on the same post has nothing to do with the words ;Direct Recruit; as there is no dispute that he has not come to the post on his permotion rather has been appointed on the said post.

If an employee is appointed on adhoc basis on a certain post and later on is regularized on the same post, it shall be a direct appointment.

Querist : Anonymous (Querist) 02 April 2020
But as there are other modes of recruitment like - absorption, deputation, direct , promotion , composite etc as specified by the DoPT (GoI),and as per DoPT , they haven't specified anything related to tye regularisation of employees to be considered as direct recruit !! And interestingly regularisation is not considered as any mode of recruitment then in which category should a person fall if he is regularised considering he didn't came via qualifying some exam ...

Raj Kumar Makkad (Expert) 02 April 2020
Appointment of the employee on a particular post without having any issue of absorption, deputation, promotion, composite etc. is a direct appointment. There need to to mention about these words while giving such appointment directly on a particular post. An adhoc/probationary/daily wager employee is duly entitled for the regularization on the said post wherein he is already working as per rules.

Rajendra K Goyal (Expert) 02 April 2020
Letter received while confirming and respective Notification for regularisation need to be referred..

Ask for a copy of respective notification through RTI if not available.

K Rajasekharan (Expert) 02 April 2020
Direct recruitment is a straight forward mode of recruitment by following the due procedures that the constitution and service rules prescribe.

There are many other statutory modes of appointment on compassionate ground such as compassionate appointment, regularisation, by promotion etc.

In fact, the regularisation of provisionally selected employees into permanent job positions is declared as an unconstitutional act and a backdoor technique for appointment in the Supreme Court judgement in Secretary, State Of Karnataka And ... v Umadevi And Others delivered on 10 April, 2006( https://indiankanoon.org/doc/1591733/).

Such a kind of regularisation in which other eligible candidates have no possibility of trying their luck is not a direct method of appointment. The appointment in question, made much prior to the above said SC judgement, is a statutorily recognised indirect mode of appointment.

Rajendra K Goyal (Expert) 03 April 2020
Some time when ad hoc working staff regularised, benefit in fixation of pay, increment is also provided. Whether any such benefit was extended in this case?

P. Venu (Expert) 03 April 2020
He is a direct recruit from the date of regularisation. It could be that some process of selection could have been resorted to before the services were regularised. The seniority list would throw light on this aspect.

KISHAN DUTT KALASKAR (Expert) 03 April 2020
Dear Sir,
Answer cannot be effectively given unless contents of notification for recruitment or regularization letter and service rules are read

T. Kalaiselvan, Advocate (Expert) 03 April 2020
From the details what you have posted, it can be seen that the person was initially appointed on adhoc basis, it means it is not a permanent or confirmed employment.
Subsequently the so called regularisation is nothing but he was recruited to the permanent post, hence it can be treated as direct recruitment.

T. Kalaiselvan, Advocate (Expert) 03 April 2020
The appointment letter would reveal the facts of his recruitment.
The question is not mode of appointment.
The mode is very clear that his employment was regularised subsequently.
Thus from the date of regularisation he will be deemed to be a confirm staff, even though he has not faced the open competitive examination or there was a recruitment process as applicable to other direct recruits.
His employment recognised from the date of regularisation can be termed as direct recruitment.
Instead of stretching more controversies, the author may revert with the details of his employment which can be found in the employment offer letter or appointment letter, which will clarify all the doubts in this regard

Querist : Anonymous (Querist) 03 April 2020
Advertisement copy and the appointment letter aren't available. All the possible details have been mentioned here.
I am thankful to all the advocates and retd. Judge who gave their time and effort for this doubt.
I mostly agree with K Rajasheskaran Sir because his argument is in line with the information given in the several FAQs and orders regarding regularisation PDFs of DoPT(GoI) and also he has enlisted a case of SC 2006.
Thank you everyone