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No authority can direct recruitment of persons of his choice:SC

Written by: Staff

New Delhi, May 14 (UNI) Taking exception to the appointments being made at the behest of politicians in violation of recruitment rules, the Supreme Court has held that no authority, howsoever high, can direct recruitment of persons of his choice.

While setting aside the orders of Labour Court and Punjab and Haryana High Court directing regularisation of one Surinder Kumar who was appointed as supervisor under Jawahar Rozgar Yojna on April 1, 1994 at the instance of the then Punjab minister R S Puri, the apex court directed appellant Municipal Council, Sujanpur, Punjab, to pay compensation of Rs 50,000 to the respondent.

A bench comprising Mr Justice S B Sinha and Mr Justice P K Balasubramanyan, vide judgment dated May 5, quashed the order of reinstatement of the respondent with full back wages on the grounds that he was appointed in violation of rules at the recommendation of a politician in a post which was not sanctioned.

Surinder Kumar was terminated from service on July 16, 1997 and had filed a petition in the Labour Court claiming that since he had completed 240 days of work as a daily wager and was, therefore, entitled to be confirmed in the post.

The court also ruled that any appointment made in violation of rules as also in violation of the constitutional scheme enshrined under Article 14 and 16 of the Constitution would be void in law.

The Apex Court also found that burden of proving that the person was not gainfully employed after his removal from service lay on the person making such claim.

The Supreme Court concluded, ''In the instant case, the respondent was appointed in violation of the rules. He was appointed at the instance of an MLA who was a minister at the relevant time.

No appointment could have been made at his instance. No authority, howsoever high, can direct recruitment of persons of his choice.'' UNI AKS/SC PK HS1053

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