Hon’ble Supreme Court Rejects Regularisation Claim of APP Appointed on Contractual Basis

Name of the Case: Anupam Chakraborty v. State of West Bengal & Ors.

Citation: SLP(C) No. 017051/2025 

Bench: Hon’ble Justice Sandeep Mehta and Justice Joymalya Bagchi

Date: 24.06.2025

The Hon’ble Supreme Court dismissed a Special Leave Petition filed by an Additional Public Prosecutor hired on contractual basis, seeking the regularization of his services in Purulia District, West Bengal. The petitioner had earlier approached the Hon’ble Calcutta High Court wherein his writ petition was rejected holding that no statutory or constitutional right to regularisation had been established in furtherance of the relief sought by the petitioner. Upon appeal, the Hon’ble Supreme Court affirmed and upheld the reasoning given in the Hon’ble High Court’s final order.

The Hon’ble Supreme Court reiterated that the appointment of Additional Public Prosecutors is governed by a structured procedure under the Code of Criminal Procedure, 1973 and applicable State Rules, and not open to regularisation merely by long-term engagement. The Hon’ble Bench held that granting regularisation in such circumstances would run contrary to settled legal principles and statutory frameworks. Finally, while dismissing the petition, the Hon’ble Apex Court reiterated that mere continuation in service on contract does not entitle a person to claim permanent status and the same shall be illegal, particularly in public appointments regulated by codified processes1.

  1. https://api.sci.gov.in/supremecourt/2025/29533/29533_2025_13_31_62210_Order_24-Jun-2025.pdf
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