The Bombay High Court on Friday asked the Maharashtra government to ensure ‘ad-hocism in public employment is consigned to history’ and issue a ‘directive to all the municipal corporations to do away with long-term contractual appointments and grant regularisation as per past Supreme Court judgements’.
In doing so, the Court ordered the Vasai Virar municipal corporation (VVMC) to absorb over 450 medical officers and paramedical staff working on a contractual basis for years and regularise them.
A division bench of Justices Girish S Kulkarni and Aarti A Sathe on Friday quashed January 2026 communications by the Urban Development Department and VVMC requiring contractual staff to take a fresh written examination and directed the civic body to grant regularisation within two weeks.
Advocates Abhijeet Desai and Mohini Rephade for Maharashtra-domiciled petitioners including MBBS/BAMS doctors, specialists, nurses, and technicians, contended that despite serving 8–11 years continuous service on contract basis after fulfilling eligibility criteria for a selection process, including interviews and reservation, they were required to sign periodic renewal contracts.
The bench observed that ‘the creation of posts and filling up of vacancies in the manner contemplated by the applicable rules ought to be the rule, while contractual appointments for very short durations needs to be an exception’.
However, it added, “We find that what has infected the system is the cultivation of such ad-hocism, rather than the creation and maintenance of a robust and permanent cadre of employees appointed as soon as vacancies arise.”
The bench said such ad-hocism was ‘counterproductive to the smooth discharge of the vital functions in achieving the welfare of the public at large’ and created ‘tremendous uncertainty for such contractual employees’.
“We also cannot be oblivious to the fact that, in a large country like ours, unemployment is one of the prime concerns of the State. No fault can be found with citizens grabbing Every possible opportunity of public employment, including contractual, temporary and all kinds of public employment,” Justice Kulkarni, for the bench, observed.
The bench flagged ‘red-tape or bureaucratic lethargy’ and questioned why sanctioned posts for regular appointments were not created when a qualified workforce was available.
The HC observed the employees ought not to be made to ‘knock doors of the court’ and a ‘robust and comprehensive policy, as a one-time measure’ by government was required for their regularisation.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and shilpa shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a Focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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