The Supreme Court has drawn a hard line on contractual gigs: if you’re hired temporarily, don’t expect a full-time badge without walking through the front door of the law.
In a recent verdict, a Public Prosecutor working on contract in West Bengal found his hopes for regularisation dashed by a bench of Justices Sandeep Mehta and Joymalya Bagchi. The top court upheld the Calcutta High Court’s refusal to grant him permanent status, saying there was nothing legally or constitutionally owed to him in that regard.
What tipped the scales? The fact that the prosecutor himself had been asking to stay on a contract basis for years—just to keep earning a living. The Court didn’t miss the irony.
“The petitioner hasn’t shown any right—neither under statute nor the Constitution—that would justify his claim,” the Court said, adding that appointments for prosecutors are governed by clear rules under the CrPC and now the Bharatiya Nagarik Suraksha Sanhita (BNSS). Granting regular status just because someone’s been around for a while? Not happening.
The petitioner had first been roped in back in June 2014 to cover a vacancy in Purulia. Paid ₹459 per case appearance (up to two per day), he later also handled work in Raghunathpur. Over time, he pushed for more money, and then for regularisation.
Initially, the State Administrative Tribunal appeared sympathetic, granting him relief in December 2022. But the State’s Judicial Department reversed course by June 2023. Back to the Tribunal he went—this time asking for job security, equal pay, and protection until retirement. The Tribunal didn’t bite, noting that his hiring had always been on a temporary, fee-based basis—and he knew it.
At the High Court, he argued his pay hadn’t budged in over a decade and sought parity with panel lawyers. The State shot back: no legal foundation supports such claims. The High Court agreed, tossing out the plea but suggesting he could still ask authorities to rethink his fees.
Now, with the Supreme Court’s thumbs-down, that door is closed too—at least when it comes to making a temporary gig permanent through judicial shortcuts.
The final word: a contract is a contract. And wishing it were more doesn’t make it so.
