THE STATE OF BIHAR & ORS. versus DEVENDRA SHARMA

THE STATE OF BIHAR & ORS. versus DEVENDRA SHARMA

Appointments to Class III and IV posts in Health Department of Bihar made without sanctioned posts, advertisement, or proper recruitment method are illegal and confer no entitlement to salary, pension, or service benefits; humanitarian considerations cannot override statutory requirement of valid appointment.

Parties
Appellant: The State of Bihar & Ors.; Respondent: Devendra Sharma
Jurisdiction
India
Judgment Date
17 October 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeals by the State allowed; appeals by candidates dismissed.
Legal Topics
Appointments, Illegal Appointments, Entitlement to Salary, Pension, Service Benefits, Backdoor Entry, Nepotism, Favoritism, Regularisation
Service Law Public Employment Appointments Illegal Appointments Entitlement to Salary Pension Service Benefits Backdoor Entry +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

The State of Bihar & Ors.

Appellant

Devendra Sharma

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether persons appointed to Class III and IV posts in Health Department without sanctioned posts, advertisement, and proper procedure are entitled to salary, pension, and service benefits
  2. 2 Whether such appointments should be regularised on humanitarian grounds

Ratio Decidendi

Appointments to Class III and IV posts in Health Department of Bihar made without sanctioned posts, advertisement, or proper recruitment method are illegal and confer no entitlement to salary, pension, or service benefits; humanitarian considerations cannot override statutory requirement of valid appointment.

Court Disposition

Appeals by the State allowed; appeals by candidates dismissed.

Orders

  • High Court order dated July 12, 2011 and similar orders set aside.
  • No error found in High Court order dated September 24, 2014; appeals against such order dismissed.