PRINCIPAL, MEHAR CHAND POLYTECHNIC AND ANR. versus ANU LUMBA AND ORS.

PRINCIPAL, MEHAR CHAND POLYTECHNIC AND ANR. versus ANU LUMBA AND ORS.

Employees appointed on temporary basis in a project without creation of sanctioned posts and without adherence to statutory recruitment rules or requirements under Articles 14 and 16 do not have a legal right to be absorbed in service or regularized; High Court cannot direct creation of posts or regularization in such circumstances.

Parties
Appellant: Principal, Mehar Chand Polytechnic; Respondent: Anu Lumba
Jurisdiction
India
Judgment Date
08 August 2006
Procedural Posture
Civil Appeal / Appeal From Punjab & Haryana High Court Judgment Dated 16.3.2001 in C.w.p. No. 11275/1998 (o&m)
Outcome
Appeals partly allowed; impugned High Court judgments set aside to the extent of directions for creation of posts and regularization. Transfer cases disposed on same terms.
Legal Topics
Regularization of Service, Temporary Appointment, Article 16, Mandamus, Recruitment Process
Constitutional Law Public Employment Regularization of Service Temporary Appointment Article 16 Mandamus Recruitment Process

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Parties

Principal, Mehar Chand Polytechnic

Appellant

Anu Lumba

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab & Haryana High Court Judgment Dated 16.3.2001 in C.w.p. No. 11275/1998 (o&m)

Legal Issues

  1. 1 Whether employees appointed on temporary basis under a project scheme without adherence to recruitment rules/statutory requirements have a legal right to regularization of service.
  2. 2 Whether the High Court could direct creation of posts and regularization of services for such employees.

Ratio Decidendi

Employees appointed on temporary basis in a project without creation of sanctioned posts and without adherence to statutory recruitment rules or requirements under Articles 14 and 16 do not have a legal right to be absorbed in service or regularized; High Court cannot direct creation of posts or regularization in such circumstances.

Court Disposition

Appeals partly allowed; impugned High Court judgments set aside to the extent of directions for creation of posts and regularization. Transfer cases disposed on same terms.

Orders

  • Set aside only that part of High Court judgment which directed creation of posts and regularization.
  • Parties to bear their own costs.