that unless the appointment is in terms of the relevant rules and after a proper competition amongst the qualified persons, the same would not confer any right on the appointee. If it is a contractual appointment, the appointment comes to an end at the end of the Contract, if it were an engagement or appointment on daily wages or casual basis, the same would come to an end when it is discontinued. Similarly, a temporary employee could not claim to be made permanent on the expiry of its term of appointment. It has been clarified that merely because a temporary employee or a casual wage worker is continued for a time beyond the term of its appointment, he would not be entitled to be absorbed in regular service or made permanent, merely on the strength of such continuance, if the original appointment was not made by following a due process of selection. It is not open to the Court to prevent regular appointment at the instance of temporary employees whose period of employment has come to an end or of ad-hoc employees who by the very nature of their appointment, do not acquire any right. The Constitution Bench has further observed that the High Courts acting under Article 226 of the Constitution of India, should not ordinarily issue direction for absorption, regularization, or permanent continuance unless the recruitment itself was made regularly and in terms of the Constitutional Scheme. When a person enters a temporary appointment or gets engagement as a contractual or casual worker and the engagement is not based on a proper selection, it is to be presumed that he is aware of the consequences of the appointment being temporary, casual or contractual in nature. Such a person cannot invoke the theory of legitimate expectation for being confirmed in the post. It has been held that the theory of legitimate expectation cannot be successfully advanced by temporary, contractual or casual employees. It has been also observed that those who are working on daily wages formed a class by themselves, they cannot claim that they are discriminated as against those who have been regularly recruited. There is no fundamental right in those who had been engaged on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service.
