STATE OF MADHYA PRADESH & ORS. versus KU. SANDHYA TOMAR & ANR.

STATE OF MADHYA PRADESH & ORS. versus KU. SANDHYA TOMAR & ANR.

Respondent No.1's initial appointment was invalid as it contravened Articles 14 and 16 due to lack of public advertisement; she was a temporary appointee without statutory protection or established lien, and having abandoned her post by joining another department, she had no right to challenge the subsequent...

Source-derived case information.

Parties
Appellant: State of Madhya Pradesh & Ors.; Respondent: Ku. Sandhya Tomar; Respondent: Anr.
Jurisdiction
India
Judgment Date
13 December 2012
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Temporary Appointment, Public Employment, Lien in Service Law, Constitutional Requirements for Appointment, Appointment Through Employment Exchange, Challenge to Recruitment Advertisement
Service Law Constitutional Law Temporary Appointment Public Employment Lien in Service Law Constitutional Requirements for Appointment Appointment Through Employment Exchange Challenge to Recruitment Advertisement

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Parties

State of Madhya Pradesh & Ors.

Appellant

Ku. Sandhya Tomar

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the initial appointment of respondent No.1 was valid under Articles 14 and 16 of the Constitution of India.
  2. 2 Did respondent No.1 have any lien on the post of Project Director?
  3. 3 Whether respondent No.1 could challenge the recruitment advertisement after abandoning her job.

Ratio Decidendi

Respondent No.1's initial appointment was invalid as it contravened Articles 14 and 16 due to lack of public advertisement; she was a temporary appointee without statutory protection or established lien, and having abandoned her post by joining another department, she had no right to challenge the subsequent recruitment advertisement for Project Director.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of Single Judge and Division Bench of High Court are set aside.
  • No costs.