State Of H.P Vs. Ashwani Kumar On 03 January, 1996

Q: Q. What are the equivalent citations for State Of H.P vs Ashwani Kumar ?

The equivalence citation are(1996) 1 SCC 773 ; 1996 (2) SCT 509 (SC) ; AIR 1997 SC 352 ; JT 1996 (1) SC 214 ; 1996 (1) SCALE 237 ; LQ/SC/1996/12 ;

Q: Q. What was the bench assigned for the case State Of H.P vs Ashwani Kumar ?

HONBLE MR. JUSTICE K. RAMASWAMY, HONBLE MR. JUSTICE G.B. PATTANAIK

Open iDraf

State Of H.p v. Ashwani Kumar

State Of H.p
v.
Ashwani Kumar

(Supreme Court Of India)

Civil Appeal No. 1538 Of 1996 [Special Leave Petition (Civil) No. 12246 Of 1993] | 03-01-1996

K. Ramaswamy and G.B. Pattanaik, JJ.

1. Leave granted.

2. Heard Counsel on both sides.

3. The facts are that the respondent was engaged on daily wages on muster bill 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.

4. 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 aside.

5. The appeal is allowed. No costs.

6. Appeal allowed.

Advocates List

FOR

Bench List

HON'BLE MR. JUSTICE K. RAMASWAMY

HON'BLE MR. JUSTICE G.B. PATTANAIK

Eq Citation

(1996) 1 SCC 773

1996 (2) SCT 509 (SC)

AIR 1997 SC 352

JT 1996 (1) SC 214

1996 (1) SCALE 237

LQ/SC/1996/12

HeadNote

— Writ Petition — Prayer for regularisation — No vested right in temporary employment — No right to be regularised — No right to be reengaged elsewhere — No directions to be given to regularise their services in absence of any existing vacancies nor to create posts by State to a nonexistent establishment — Directions would amount to creating of posts and continuing them in spite of nonavailability of work — Directions issued by High Court set aside — Constitution of India, Art. 226