STATE OF BIHAR versus UPENDRA NARAYAN SINGH & OTHERS

STATE OF BIHAR versus UPENDRA NARAYAN SINGH & OTHERS

Ad hoc appointments made in violation of Articles 14 and 16 and the Employment Exchanges Act, 1959 are void; regularization of such appointments without compliance with statutory rules is impermissible; courts cannot perpetuate illegality by granting relief based on past irregular acts. Orders of reinstatement and consequential benefits by the High Court are set aside.

Parties
Appellant: State of Bihar; Respondent: Upendra Narayan Singh; Respondents: Others
Jurisdiction
India
Judgment Date
20 March 2009
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment
Outcome
Appeal allowed; orders of Single Judge and Division Bench set aside; writ petition dismissed
Legal Topics
Ad Hoc Appointments, Regularization of Service, Doctrine of Equality, Employment Exchanges Act, Public Employment, Consequential Benefits
Service Law Constitutional Law Ad Hoc Appointments Regularization of Service Doctrine of Equality Employment Exchanges Act Public Employment Consequential Benefits

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Parties

State of Bihar

Appellant

Upendra Narayan Singh

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment

Legal Issues

  1. 1 Whether ad hoc appointments made without compliance with statutory rules and procedure in public employment are valid
  2. 2 Whether reinstatement with consequential benefits is justified for employees initially appointed in violation of rules
  3. 3 Whether regularization of ad hoc appointments without proper procedure is permissible

Ratio Decidendi

Ad hoc appointments made in violation of Articles 14 and 16 and the Employment Exchanges Act, 1959 are void; regularization of such appointments without compliance with statutory rules is impermissible; courts cannot perpetuate illegality by granting relief based on past irregular acts. Orders of reinstatement and consequential benefits by the High Court are set aside.

Court Disposition

Appeal allowed; orders of Single Judge and Division Bench set aside; writ petition dismissed

Orders

  • Orders of learned Single Judge and Division Bench are set aside
  • Writ petition filed by respondents is dismissed