STATE OF KARNATAKA & ORS. versus G.V. CHANDRASHEKAR

STATE OF KARNATAKA & ORS. versus G.V. CHANDRASHEKAR

Initial recruitment of the respondents was illegal and contrary to the constitutional scheme; regularization of such appointments is not permissible in view of the Constitution Bench judgment in Umadevi (3) and its interpretation by subsequent decisions.

Parties
Appellant: State of Karnataka & Ors.; Respondent: G.V. Chandrashekar
Jurisdiction
India
Judgment Date
25 February 2009
Procedural Posture
Criminal Appeal / Supreme Court Final Disposition
Outcome
Appeals allowed; impugned judgments of High Court set aside.
Legal Topics
Regularization of Ad Hoc Employees, Illegal Appointments, Constitutional Recruitment Scheme
Service Law Constitutional Law Regularization of Ad Hoc Employees Illegal Appointments Constitutional Recruitment Scheme

Case Brief

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Parties

State of Karnataka & Ors.

Appellant

G.V. Chandrashekar

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether employees appointed on ad hoc basis are entitled to regularization of their services.
  2. 2 Whether appointments made in contravention of recruitment rules can be regularized.
  3. 3 Applicability of directions in Uma Devi (3) regarding regularization.

Ratio Decidendi

Initial recruitment of the respondents was illegal and contrary to the constitutional scheme; regularization of such appointments is not permissible in view of the Constitution Bench judgment in Umadevi (3) and its interpretation by subsequent decisions.

Court Disposition

Appeals allowed; impugned judgments of High Court set aside.

Orders

  • No regularization of service for respondents; initial recruitment held illegal.
  • No order as to costs.