The Tripura High Court dismissed a petition seeking regularization of service against vacant posts under the respondents and held that the petitioner failed to substantiate his statement that he has applied for the said post in pursuance of the advertisement and regularization or absorption is not a matter of right and it is a right to be considered by the employer as per the service rules.
Brief Facts:
The petitioner, serving under the respondents submitted various representations to the respondents to regularize his services when an advertisement seeking the filling up of vacant seats was issued by the respondents but he was not called for participating in the selection process after which the petitioner submitted representations to the respondents to consider his regularization which were not considered.
Contentions of the Applicant:
The learned counsel appearing for the petitioner contended that in spite of several representations to the respondents for considering the regularization of service of the petitioner, the respondents had not regularized the service of the petitioner.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent contended that the petitioner had never applied for any posts in pursuance of the advertisement which was evident from the records relating to the selection process.
Observations of the Court:
The court observed that the petitioner had not provided any proof to show whether he had applied for the said post and had thus failed to substantiate his statement that he has applied for the said post in pursuance of the advertisement. The court further stated that when a specific statement was filed by the respondents in the affidavit stating that the petitioner had not applied for the said post, then he must have submitted the required document showing that he had applied for the same.
The court further stated that the successful candidates were already appointed when the selection process concluded and regularization or absorption is not a matter of right and it is a right to be considered by the employer as per the service rules.
The decision of the Court:
The court dismissed the petition as it was devoid of any merits.
Case Title: Aniruddha Das vs State of Tripura and ors.
Coram: Hon’ble Mr. Justice Arindam Lodh
Case No.: WP(C) No. 13 of 2022
Advocate for the Applicant: Mr. D.C. Saha
Advocate for the Respondent: Mr. D. Bhattacharya and Mr. Rajib Saha
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