STATE OF RAJASTHAN & ORS. versus DAYA LAL & ORS.

STATE OF RAJASTHAN & ORS. versus DAYA LAL & ORS.

Employees of aided hostels are not government employees and cannot seek regularization or parity in pay; part-time cooks and chowkidars in government hostels appointed on temporary basis are not entitled to regularization or parity in pay unless appointed in accordance with statutory rules against sanctioned posts. High Courts cannot direct regularization or absorption contrary to the constitutional scheme and relevant rules.

Parties
Appellant: State of Rajasthan & Ors.; Respondent: Daya Lal & Ors.
Jurisdiction
India
Judgment Date
13 January 2011
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals allowed
Legal Topics
Regularization, Parity in Pay, Absorption, Temporary Employment, Jurisdiction Under Article 226
Service Law Regularization Parity in Pay Absorption Temporary Employment Jurisdiction Under Article 226

Case Brief

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Parties

State of Rajasthan & Ors.

Appellant

Daya Lal & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether persons appointed as Superintendents in aided non-governmental hostels are entitled to claim absorption by way of regularization in government service or salary on par with Superintendents in Government Hostels
  2. 2 Whether part-time cooks and chowkidars appointed temporarily by Mess Committees of Government Hostels with two or three years service are entitled to regularization by framing a special scheme

Ratio Decidendi

Employees of aided hostels are not government employees and cannot seek regularization or parity in pay; part-time cooks and chowkidars in government hostels appointed on temporary basis are not entitled to regularization or parity in pay unless appointed in accordance with statutory rules against sanctioned posts. High Courts cannot direct regularization or absorption contrary to the constitutional scheme and relevant rules.

Court Disposition

Appeals allowed

Orders

  • Orders of the High Court challenged in these appeals are set aside.
  • Writ petitions filed by the respondents before the High Court stand dismissed.