Ganesh Prasad And ORS v. Shree Mata Mansa Devi Shrine Board And Others
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What could be deduced from the cited decision is as under:- (i) Any public employment has to be in terms of the Constitutional scheme.
(ii) Adherence to the rule of equality in public employment is a basic feature of our Constitution.
(iii) Regular appointment must be the rule.
(iv) A regular process of recruitment or appointment has to be resorted to, when regular vacancies in posts, at a particular point of time, are to be filled up.
(v) The appointment should be in terms of relevant rules and after a proper competition among the qualified persons. Otherwise, such appointment would not confer any right on the appointee. (vi) If a contractual appointment is made, the appointment comes to an end at the end of the contract. The Government or the instrumentality of the State cannot confer any permanency of such employment either by way of regularisation or by way of absorption. (vii) If it were an engagement or appointment on daily wages or casual basis, the same would come to an end when it is discontinued. (viii) A temporary employee could not claim to be made permanent on the expiry of his term of appointment.
(ix) Merely because a temporary employee or a casual wage worker is continued for a time being beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent, merely on the strength on such continuance, if the original appointment was not made by following a due process of selection as envisaged by the relevant rules. (x) Regularisation is not a mode of appointment.
(xi) The Government or the instrumentality of the State cannot regularise the appointment made contrary to the course of selection as envisaged by the relevant rules governing the posts. (xii) The High Court acting under Article 226 of the Constitution of India should not issue directions for regularization or permanent continuance unless the recruitment itself was made regularly and in terms of the constitutional scheme.
(xiii) There should be no further by-passing of the constitutional requirement and regularization or making permanent those not duly appointed as per the constitutional scheme.
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