Authority: High Court of Judicature at Bombay, Civil Appellate Jurisdiction
Order Date: 14 October 2026 (pronounced); Reserved on 22 September 2026
Case Overview
- Petitioners: 35 staff nurses/ANM (named) and 70+ ward boys (named) filed Writ Petition No. 5395/2022 and Writ Petition No. 8812/2022 respectively, seeking quash of KDMC orders terminating their services and direction for regularisation.
- Respondents: Kalyan Dombivli Municipal Corporation, Municipal Commissioner, Assistant Commissioner, Chief Medical Officer, and the State of Maharashtra.
- Background: During the COVID‑19 pandemic, KDMC advertised temporary contractual posts for staff nurses/ANM and ward boys, conducted walk‑in interviews in June‑July 2020, and issued three‑month appointment letters renewed periodically.
- In April 2022 KDMC decided to outsource health‑department manpower for three years and issued termination orders dated 19 April 2022 effective 30 April 2022.
- Petitioners obtained interim relief from the Industrial Court and later from this Court on 29 April 2022, staying the termination orders.
- The corporation argued the appointments were purely contractual, citing Supreme Court decisions (Umadevi, Patel Savan Bharatbhai, etc.) that ad‑hoc employees cannot claim regularisation.
- Petitioners relied on the principle that ad‑hoc employees should not be replaced by other ad‑hoc employees and sought continuation until regular posts are filled.
Final Outcome
- The Court held the advertisements expressly made the appointments temporary and co‑terminous with the COVID‑19 project; therefore, KDMC was within its rights to terminate.
- The corporation’s outsourcing decision was upheld; the ad‑interim relief dated 29 April 2022 was vacated.
- Both writ petitions were dismissed; no costs were awarded, each party to bear its own costs.
- The order is made absolute and the petitions are disposed of.
Topics: Employment Law, Municipal Governance