Sakunjay Vyas
Published on: March 25, 2022 at 11:45 IST
The Two-Judge Bench of Justice Dr. M.R. Shah and Justice B.V. Nagarathna of Supreme Court overturned decision passed by the High Court of Gujarat at Ahmedabad Bench in Letters Patent Appeal that directed the State to consider the cases of the respondents for Regularisation sympathetically, and if necessary, by creating supernumerary posts, the State has preferred the present appeal.
The Supreme Court recently ruled that no direction for Absorption/Regularisation of the Employees appointed on a temporary basis can be issued by the High Court.
The Two-Judge Bench of Justice Dr. M.R. Shah and Justice B.V. Nagarathna heard an appeal against by High Court of Gujarat at Ahmedabad Bench in Letters Patent Appeal that had directed the State to consider the cases of the respondents for regularisation sympathetically, and if necessary, by creating supernumerary posts, the State has preferred the present appeal, without adequately considering the facts in hand and the circumstances of the case.
Learned Counsel appearing on behalf of the Appellant vehemently submitted that the Division Bench of the High Court has committed a grave error in directing the State to consider the cases of the respondents for Absorption/Regularisation sympathetically and, if necessary, by creating supernumerary posts.
That the High Court has not correctly appreciated the fact that the respondents were initially appointed for a fixed period of eleven months on the posts of drivers and in the temporary project, and they were never appointed in any regular establishment and/or in any sanctioned post in any regular establishment.
The Learned Counsel on behalf of the respondent, on the other hand, submitted that that as the respondents have worked for more than seventeen years as drivers with the State Government, the Division Bench of the High Court has rightly directed the State to consider their cases for Absorption/Regularisation sympathetically and if required, by creating Supernumerary Posts.
The Apex Court disagreed with the reasoning given by the High Court.
The Apex Court stated that the High Court, while issuing such a direction, has not considered the fact that the respondents were continued in service pursuant to the interim order passed by the High Court.
That the respondents were appointed temporarily and for a particular task.
The Apex Court stated that the High Court trenched over its judicial power to issue such a direction of Absorbing and/or Regularising the services of the respondents and creating supernumerary posts.
Such a direction is unsustainable in the eye of law and wholly without Jurisdiction, and no such direction can be issued by the High Court.
“No such direction can be issued by the High Court for Absorption/Regularisation of the Employees who were appointed in a temporary unit which was created for a particular project and that too, by creating supernumerary posts.” the Court said.
The Apex Court further stated that the High Court has not considered that the State has been gracious enough not to put an end to the Employment of the Respondent and has further placed the Respondents in the Indian Red Cross Society.
Since no duty was cast upon the State to transfer them to another establishment in a case where it is found that the Employees are appointed in a temporary unit.
“State, instead of putting an end to the services of the respondents, graciously placed the respondents in the Indian Red Cross Society. No duty was cast upon the State to transfer them to another establishment in a case where it is found that the Employees are appointed in a temporary unit…” the Court said.
As a result, the Apex Court overturned the decision passed by the High Court of Gujarat at Ahmedabad Bench in Letters Patent Appeal, stating that order passed by the Division Bench of the High Court is unsustainable and the same deserves to be quashed and set aside.
Also read: