The Hindu : National : ‘Temporary worker cannot claim right to continue in service’

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‘Temporary worker cannot claim right to continue in service’

Legal Correspondent

Supreme Court sets aside Allahabad High Court ruling

Bench allows State government’s appeal
“He should not be allowed to continue in service in public interest”

New Delhi: There is no principle of law that a person appointed in a temporary capacity in the government has a right to continue till a regular selection is made, the Supreme Court has held.

“Rather, the legal position is just the reverse, that is, a temporary employee has no right to continue even for a day as of right, far from having a right to continue till regular appointment,” said a Bench of Justices H.K. Sema and Markandey Katju.

The respondent, Ram Dhar was appointed a stenographer by the Uttar Pradesh government on ad hoc basis for three months. He filed a writ petition seeking a direction that his services be regularised. A single judge of the Allahabad High Court directed the authorities to continue his services till a regularly appointed person joined the post.

The same was confirmed by a Division Bench of the High Court.

The present appeal by the State government was against this judgment.

The Supreme Court Bench set aside the impugned judgment. It pointed out that as the High Court order had been stayed, the respondent was no more in service. Even otherwise, an ad hoc employee appointed for three months, whose term was extended, should not be allowed to continue in service in public interest when he failed in a test.

The Bench said:

“Before parting with this case, we would like to mention that very often selection and appointments are made on posts requiring special skills like that of a stenographer not on merit. On such posts the only criterion should be merit.

“Very often such appointments are not made on merit but on some recommendations, and such appointees are very often incompetent.

“If an incompetent stenographer is appointed for the court, the result will be that the correct order passed by the judge will not be recorded, and this will create many problems. Much of the time of the judge will be spent on making corrections.

“Hence great care must be taken by the selection committee for selecting persons to be appointed on posts requiring special skills purely on merit disregarding any recommendation made by anyone, howsoever high.”

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