Govt's power to appoint person on contract as absolute : SC

New Delhi, Sep 3 (UNI) The Supreme Court has ruled that the power of the government to appoint a person after retirement even without fixing the tenure of re-employment is absolute.

The Apex Court handed down the ruling on August 28 while upholding the appointment of a retired chief engineer petitioner Srinivasa Reddy as Managing Director of Karnataka Urban Water Supply and Drainage Board.

A bench comprising Justices A R Lakshmanan and Tarun Chatterjee held that the right of the government to appoint a person on contractual, adhoc or daily wages was absolute unless and until it violated a statute.

The appellant, who was appointed M D of the Board with effect from February 2, 2004, had challenged the Karnataka high court judgement holding that his appointment was malafide.

The Supreme Court termed the writ petition, filed by the respondent Karnataka Urban Water Supply and Drainage Board Employees Association and its President Halakatte, as motivated and observed that this court was not imposing cost on the respondents for indulging in litigation for settling personal scores with the appellant in view of financial constraints of the employees.

The court, in its 71 page elaborate judgement written by Justice Lakshmanan, ruled," There is no bar for appointment to the post in question on contract basis. The Government has absolute right to appoint people on contract basis. Writ of quo-warranto does not lie if the alleged violation is not of a statutory provision. The government has power to make contractual appointment until further orders. The power included the power to make appointment on ubstantive basis temporary, officiating basis, adhoc basis, daily wages or contractual basis. Writ filed by the respondents is motivated. The findings of legal malafide is unsustainable and has no basis." Mr Reddy was chief Engineer of the Board and had 34 year long unblemished and outstanding service record with vast administrative and technical experience in the field. The court also directed that cost imposed on the appellants by the high court should be refunded.

The second appellant in the case was state of Karnataka.

The appointment of Mr Reddy was cleared by the then chief minister S M Krishna in view of urgency of pending negotiations with the World Bank which was scheduled for February 9, 2004.

UNI AKS SC VA PR DB0943