UNION PUBLIC SERVICE COMMISSION versus GIRISHJAYANTILAL VAGHELA AND ORS

UNION PUBLIC SERVICE COMMISSION versus GIRISHJAYANTILAL VAGHELA AND ORS

A person appointed purely on contract for a short term outside the recruitment rules, without public advertisement or the authorized selection process, does not become a Government servant and is not entitled to relaxation of upper age limit reserved for Government servants; such benefits apply only to regular Government servants appointed according to statutory rules.

Parties
Appellant: Union Public Service Commission; Respondent No. 1: Girish Jayanti Lal Vaghela; Respondent No. 4: Naresh Sharma
Jurisdiction
India
Judgment Date
02 February 2006
Procedural Posture
Civil Appeal / Supreme Court: Appeal From Judgment and Order Dated 13.12.2002 of the Bombay High Court in Writ Petition No. 1918 of 2002
Outcome
Appeal allowed; judgment and order of the High Court set aside; writ petition by respondent dismissed.
Legal Topics
Relaxation of Upper Age Limit in Recruitment, Contractual Appointment Vs. Government Servant Status, Recruitment Rules, Equality of Opportunity in Public Employment (article 16)
Administrative Law Constitutional Law Service Law Relaxation of Upper Age Limit in Recruitment Contractual Appointment Vs. Government Servant Status Recruitment Rules Equality of Opportunity in Public Employment (article 16)

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Parties

Union Public Service Commission

Appellant

Girish Jayanti Lal Vaghela

Respondent No. 1

Naresh Sharma

Respondent No. 4

Procedural Posture

Civil Appeal / Supreme Court: Appeal From Judgment and Order Dated 13.12.2002 of the Bombay High Court in Writ Petition No. 1918 of 2002

Legal Issues

  1. 1 Whether a person appointed on a short-term contract basis de hors recruitment rules is entitled to relaxation of upper age limit for Government servants under recruitment rules.
  2. 2 Whether such a contractual appointee acquires the status of 'Government servant' for the purpose of service benefits.

Ratio Decidendi

A person appointed purely on contract for a short term outside the recruitment rules, without public advertisement or the authorized selection process, does not become a Government servant and is not entitled to relaxation of upper age limit reserved for Government servants; such benefits apply only to regular Government servants appointed according to statutory rules.

Court Disposition

Appeal allowed; judgment and order of the High Court set aside; writ petition by respondent dismissed.

Orders

  • The judgment and order dated 13.12.2002 of the Bombay High Court is set aside.
  • The writ petition filed by respondent No. 1 is dismissed.