STATE OF U.P. AND ORS. versus AJAY KUMAR

STATE OF U.P. AND ORS. versus AJAY KUMAR

Regularisation of a daily wage employee is impermissible in the absence of a sanctioned post and proper statutory framework or administrative instructions; daily wage appointments pertain to contingent establishment and cannot be regularised when no post exists.

Source-derived case information.

Parties
Appellant: State of U.P. and Ors.; Respondent: Ajay Kumar
Jurisdiction
India
Judgment Date
17 February 1997
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed
Legal Topics
Daily Wage Appointment, Regularisation of Service, Appointment to Post, Statutory Rules, Administrative Instructions
Service Law Daily Wage Appointment Regularisation of Service Appointment to Post Statutory Rules Administrative Instructions

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Parties

State of U.P. and Ors.

Appellant

Ajay Kumar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether a daily wage employee can be regularised in service in absence of a sanctioned post and statutory rules

Ratio Decidendi

Regularisation of a daily wage employee is impermissible in the absence of a sanctioned post and proper statutory framework or administrative instructions; daily wage appointments pertain to contingent establishment and cannot be regularised when no post exists.

Court Disposition

Appeal allowed

Orders

  • Order of Division Bench of Allahabad High Court set aside
  • Order of learned single Judge upheld