Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment Post of gardeners Issuance of Circulars 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 : Appointment – Post of gardeners – Issuance of Circulars whereby selected applicants to be imparted pre-service gardeners training in departmental farms by Director of Horticulture – Selected applicants underwent training – However, few candidates selected by Director of Horticulture without following the procedure – Appointment of few candidates and later on termination of their services – Subsequently, Government Order that not to fill up the posts of Gardener and to create the equal number of posts of Horticulture Workers – Said order set aside by the tribunal and direction issued to the State to consider the applicants for appointment against the existing vacant posts of Gardener – Writ petition there against, dismissed by the High Court – On appeal, held: Circular contemplates that there is no guarantee of employment after successful completion of training by the trainees – Appointment to the post of Gardener is required to be made in terms of the Recruitment Rules or in terms of the instructions issued – Selection of the candidates for training was not by way of transparent procedure nor there was any commitment to appoint candidates who have completed training as Gardeners – Even if a candidate has completed training, he cannot seek right of employment unless such public posts are advertised and filled up by giving opportunity to all similarly situated candidates – Directions of the tribunal, as upheld by the High Court, wholly unjustified as there cannot be any direction for appointment only for the reason that the candidates have undergone training – Furthermore, no right can be conferred on the persons who were terminated on the basis of equity in favour of the other candidates – Thus, the order passed by the High Court and the tribunal are set aside . |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 888 |
Petitioner | The Director Of Horticulture, Odisha |
Respondent | Pravat Kumar Dash & Ors. |
SCR | [2019] 11 S.C.R. 708 |
Judgement Date | 2019-08-09 |
Case Number | 6227 |
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