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A person who is appointed temporarily is understood to mean that he is appointed to a post that may not have a permanent nature; i.e., a lien would not be created against the said post. As and when the post becomes permanent under the budget, the person concerned holding the said post would be entitled to be confirmed on the said post, and a lien is created against the said post.

Please provide judgments regarding the above-mentioned matter. Any DoPT (Rules, instructions, orders, notification).

From India, Ludhiana
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KK!HR
1593

There was the famous 'Uma Devi Judgment' which was coming in the way, but recently there was news that "'Uma Devi' Judgment Can't Be Used To Justify Exploitative Engagements: Supreme Court Allows Regularization Of Long-Serving Daily Wagers."

Supreme Court Criticism

The Supreme Court recently criticized the practice of public institutions hiring workers on daily wages (temporary contracts) to avoid providing them with permanent benefits. The Court reaffirmed that long-serving temporary workers appointed to sanctioned positions cannot be denied regularization simply because their initial appointments were temporary.

The judgment is very recent and was pronounced by Justices Vikram Nath and Prasanna B. Varele (report is of 4th Feb '25). Try to get hold of this judgment.

From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-Your reference to 'Uma Devi' Judgement and its recent update is absolutely correct. The Supreme Court indeed allowed regularization of long-serving daily wagers. Good Job! (1 Acknowledge point)
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  • Madhu.T.K
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  • Dear,

    In business, there are temporary requirements for manpower for a few months or for a year or two, and the posts cease to exist. In such conditions, individuals can be hired on a contract basis for that period. Many establishments continue to operate as if the positions are temporary, even though they are actually permanent.

    From India, Mumbai
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