STATE OF PUNJAB versus BAHADUR SINGH & ORS.

STATE OF PUNJAB versus BAHADUR SINGH & ORS.

The matter is to be remitted to the High Court for fresh consideration in light of the Constitution Bench decision in Uma Devi (3), considering the respondents’ claim that their appointments on work-charge basis in sanctioned posts were permissible and made in accordance with law—distinguishing between regularizable irregular appointments and illegal appointments, which cannot be regularized.

Parties
Appellant: State of Punjab; Respondents: Bahadur Singh & Ors.
Jurisdiction
India
Judgment Date
17 December 2008
Procedural Posture
Civil Appeal / Appeal From Judgment and Final Order Dated 2.8.2005 of the High Court of Punjab & Haryana at Chandigarh in C.w.p. No.7389 of 2004
Outcome
Appeal allowed; matter remitted to High Court for fresh consideration.
Legal Topics
Regularisation of Service, Irregular and Illegal Appointments, Work Charge Employees, Application of Uma Devi (3) Case
Service Law Regularisation of Service Irregular and Illegal Appointments Work Charge Employees Application of Uma Devi (3) Case

Case Brief

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Parties

State of Punjab

Appellant

Bahadur Singh & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Final Order Dated 2.8.2005 of the High Court of Punjab & Haryana at Chandigarh in C.w.p. No.7389 of 2004

Legal Issues

  1. 1 Whether respondents, as work-charge employees appointed in sanctioned posts for over ten years, are entitled to regularization under law as clarified in Uma Devi (3)

Ratio Decidendi

The matter is to be remitted to the High Court for fresh consideration in light of the Constitution Bench decision in Uma Devi (3), considering the respondents’ claim that their appointments on work-charge basis in sanctioned posts were permissible and made in accordance with law—distinguishing between regularizable irregular appointments and illegal appointments, which cannot be regularized.

Court Disposition

Appeal allowed; matter remitted to High Court for fresh consideration.

Orders

  • Impugned judgment of the High Court is set aside.
  • Matter remitted to the High Court for consideration afresh in the light of observations made, and keeping in view the respondents' statement that their appointment was permissible in law and recruitments made in accordance with law.