Termination and Regularisation Rights of Temporary Workers Appointed for Pandemic Contingencies

sketch of the Bombay High Court
Case
MANISHA SANTOSH GAIKWAD AND ORS v. KALYAN DOMBIVALI MUNICIPAL CORPORATION THR ITS MUNICIPAL COMMISSIONER AND ORS (Bombay High Court, 14-10-2026)
Law
Constitution of India, Service Law, Administrative Law.

Highlights of the Judgment:

  • Examination of the legality of terminating temporary and contractual staff recruited exclusively for COVID-19 pandemic duties.
  • Application of the doctrine that temporary appointments made for a specific project are co-terminus with the project.
  • Analysis of the limits on claiming regularisation under the principles established in Secretary, State of Karnataka v. Umadevi.
  • Scrutiny of a local authority's policy decision to outsource manpower amidst financial constraints and statutory expenditure caps.
  • Evaluation of whether interim court orders can create equity or vested rights for permanent absorption.