Judgments
Judgments
  1. Home
  2. /
  3. Supreme Court Of India
  4. /
  5. 1995
  6. /
  7. January

Kuldeep Singh vs Ganpat Lal & Anr

Supreme Court Of India|05 December, 1995
|

JUDGMENT / ORDER

Summary

Issue: Temporary Employment
Rule: No specific law or rule was cited in the judgment, but the court relied on the principle of "no vested right in temporary employment."
Application: The court held that temporary employees have no vested right to continued employment, and their services can be dispensed with when the project they are working on is completed or closed due to non-availability of funds.
Conclusion: The court's conclusion was that the High Court's directions were illegal and warranted interference. The court set aside the High Court's order and allowed the appeal.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1 PETITIONER:
STATE OF HIMACHAL PRADESH, THROUGH THE SECRETARY (RURALDEVEL Vs. RESPONDENT:
ASHWANI KUMAR & ORS.
DATE OF JUDGMENT: 03/01/1996 BENCH:
BHARUCHA S.P. (J) BENCH:
BHARUCHA S.P. (J) AHMAD SAGHIR S. (J) CITATION:
1996 AIR 960 1996 SCC (1) 683 JT 1996 (1) 1 1996 SCALE (1)57 ACT:
HEADNOTE:
JUDGMENT:
Leave granted.
O R D E R Heard Counsel on both sides.
The facts are that the respondent was engaged on daily wages on muster roll basis in Central Scheme and were paid out of the funds provided by the Central Government. It is stated that after the scheme was closed their services were dispensed with. When the respondents filed the writ petition in the High Court, the High Court gave interim direction dated 6th January, 1993 and directed them to be re-engaged elsewhere. Pursuant to the interim direction the writ petition came to be disposed of on March 9, 1993. Thus this appeal by special leave.
It is seen that when the project is completed and closed due to non-availability of funds, consequently, the employees have to go along with the closed project. The High Court was not right in giving the direction to regularise them or to continue them in other places. No vested right is created in temporary employment. Directions cannot be given to regularise their services in the absence of any existing vacancies nor directions be given to create posts by the State to a non-existent establishment. The Court would adopt pragmatic approach in giving directions.The directions would amount to creating of posts and continuing them in spite of non-availability of the work. We are of considered view that the directions issued by the High Court are absolutely illegal warranting our interference. The order of the High Court is set side.
The appeal is allowed. No Costs.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Kuldeep Singh vs Ganpat Lal & Anr

Court

Supreme Court Of India

JudgmentDate
05 December, 1995
Judges
  • Kuldip Singh
  • S Saghir Ahmad Act Headnote