Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Regularisation-Appointment to temporary post on |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Regularisation-Appointment to temporary post on year to year basis in a project-Project continued for long time-Prayer for regularisation-Held, cannot be directed Necessary party: Union of India not impleaded as a party respondent. Hence, prayer cannot be made for any direction to the Union of India.Service jurisprudence: Creation or sanction of a post is essentially an executive function. Appellant No.1-Indian Council of Medical Research ("ICMR") is a society registered in research activities in the field of medicine. It carries out various research activities through various schemes/projects. One of such projects is called "National Nutrition Monitoring Bureau". For the aforementioned project, the Central Government admittedly grants grant- in-aid on year to year basis. Respondent was appointed on year to year basis. The post was also on year to year basis as the grant-in-aid of the Central Government in relation to the said project was on that basis. However, the project continued for a long time for one reason or the other. Respondent prayed for regularisation of her services. She filed writ petition which was transferred to Central Administrative Tribunal. The Tribunal noticed that although a declaration was taken that the project should be made a permanent one and its activities should be expanded, but no such order was passed. It was in the aforementioned backdrop, the Tribunal opined that the services of the respondent should be directed to be regularised from the date of filing of the Writ petition. The appellants preferred a writ petition thereagainst before the High Court. The respondent also filed a writ petition questioning that part of the order whereby regularisation was directed to be made w.e.f. the date of filing of the writ petition and not from the date of her initial appointment. Both the writ petitions were heard together. High Court directed that the services of the respondent should be regularised from the date of her initial appointment. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 56 |
Petitioner | I.c.m.r. And Ors. |
Respondent | K. Rajyalakshmi |
SCR | [2007] 1 S.C.R. 1097 |
Judgement Date | 2007-01-17 |
Case Number | 4349 |
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