Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Regularisation Service Law |
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 ofappellants ex-servicemen as Special Police Officers (SPOs)in terms of the procedure uls. 17 of the Act - Claim of appellants for regularisation - Rejected - Legality - Held:Recruitment of appellants was made in the background ofterrorism prevailing in the State of Punjab at that time -Decision to resort to procedure uls. 17 was taken at the highestlevel of the State by conscious choice to provide necessary c:5security to the public sector banks - Process of selectionadopted in identifying the appellants was not unreasonableor arbitrary - From the mere fact that payment of wages camefrom the bank at whose disposal the services of each of the.appellants was kept did not render the appellants employeesof those banks - Appointment of appellants was made by theState and disciplinary control vested with the State, the twofactors which conclusively establish relationship of masterand servant between the State and the appellants - Nojustification for the State to take defence, after permittingutilisation of the services of appellants for decades, that therewere no sanctioned posts to absorb the appellants -Sanctioned posts do not fall from heaven - State has tocreate them by a conscious choice on the basis of rationalassessment of the need - Failure of the executivegovernment to apply its mind and take a decision to createposts or stop extracting work from persons such as theappellants for decades together itself would be arbitraryaction (inaction) on the part of the State - On facts, creation of new posts would not create any additional financial burden to the State as the various banks at whose disposal the services of the appellants was made available had agreed tobear the burden - If absorbing the appellants into the servicesof the State and providing benefits at par with the policeofficers of similar rank employed by the State results in furtherfinancial commitment it is always open for the State todemand the banks to meet such additional burden - StateGovernment directed to regularise the services of theappellants by creating necessary posts - Police Act, 1861 -ss.17 and 18. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2013 INSC 520 |
Petitioner | Nihal Singh & Others |
Respondent | State Of Punjab & Others |
SCR | [2013] 11 S.C.R. 1 |
Judgement Date | 2013-08-07 |
Case Number | 1059 |
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