The Supreme Court has ruled that it is not possible to replace an ad hoc employee with another ad hoc employee. Only a candidate appointed regularly can replace an ad hoc employee. Also, the appointment of the regular candidate should follow the standard procedure laid down for regular appointments.
The observation was made by a bench, while considering appeals pertaining to appointment of teachers in colleges in Madhya Pradesh.
The concerned petitioners were appointed as guest teachers on contract under the Jan Bhagidari Scheme in Madhya Pradesh. However, at the end of the academic year, they were asked to leave and a notification was issued afresh pushing the plaintiffs to go to the High Court. Following this they were allowed to work till regular appointments were made to fill their posts, by a Single Bench. However, this direction by the Single Bench was brushed aside by a Division Bench following a State appeal. This led the plaintiffs to go to the Supreme Court (SC).
Although the State argued that the guest teachers were appointed as guest lecturers and not as ad hoc staff, the advertisements clearly stated the appointments were ad hoc. Therefore, the SC said that the Single Bench’s direction was right and that the petitioners should be allowed to continue to work till regular candidates were hired to take their place.
The write petitioners, however, cannot be paid salaries as per UGC circular, as the advertisements clearly stated that they would be paid honorarium fixed by the Jan Bhagidari Committee.
