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SC directs courts not to issue directions on appointments

Written by: Staff

New Delhi, Sep 10 (UNI) The Supreme Court has directed subordinate courts not to issue directions for regularisation of services of those who have not been appointed by the procedure laid down under Articles 14, 16 and 309 of the Constitution as these are deemed backdoor appointments.

The directions with wide ramifications for daily wagers, ad hoc and contractual employees were issued by a bench comprising Justice G P Mathur and Justice Dalveer Bhandari in their judgment on September 8 while dismissing the appeal of an employee appointed on a contractual basis for a fixed term by Uttar Pardesh Rajya Krishi Utpadan Mandi Parishad, who later claimed that he should be regularised.

Appellant Surendra Parsad Tewari was appointed vide order dated July 17,1989 for a period of three months on a contractual basis on remuneration of Rs 1500 per month for conducting a survey in the deficiency of procurment of the agricultural produce of the Meerut Division.

Meanwhile, his contract was renewed several times.

The apex court, while upholding the judgment of Allahabad High Court judgment, ruled, ''It is improper for the courts to give any direction for regularisation of the person, who has not been appointed by following the proceudre laid down under the Articles 14, 16 and 309 of the Constitution of India.'' The courg finally concluded by noting, ''In view of the clear and unambiguous constitutitional scheme, the courts cannot countenance appointments to public office which have been made against the constitutional scheme. Against a backdrop of the constitutional philosophy it would be improper for the courts to give directions for regularisation of services of the person who is working either as daily-wager, ad hoc employee, probationer, temporary or contractual employee not appointed following the procedure laid down under the Articles 14,16 and 309 of the Constitution. In our constitutional scheme there is no room for backdoor entry in the matter of public employment.'' UNI AKS/SC SK VP1112

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