NDLI: The State of Gujarat and Others Vs. R.j. Pathan and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law – Regularisation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Regularisation – Respondents were appointed in a temporary project – Initial appointment was for eleven months on a fixed salary, which was continued from time to time – However, as the said unit was required to be closed which, as such, was a temporary unit, instead of putting an end to the services of respondents, the State Government thought it fit to transfer and place them with the Indian Red Cross Society – At this stage, the respondents approached the High Court and challenged their placement with the Indian Red Cross Society – Single Judge dismissed the writ petition – Respondents filed LPA – In 2011, Division Bench granted interim relief and directed to maintain status quo and pursuant thereto respondents were continued in service with the Government – In 2021, when the said LPA was taken up for further hearing, it was submitted by respondents that as they have worked for 17 years, the State may be directed to absorb them and regularise their services – Accepting the submission, the Division Bench directed the State to consider the cases of respondents for absorption / regularisation and if required, by creating supernumerary posts – On appeal, held: While issuing such direction, the Division Bench of High Court did not consider the fact that the respondents were continued in service pursuant to an interim order – Division Bench also did not appreciate that respondents were initially appointed for eleven months and on a fixed salary and that too, in a temporary unit created only for purpose of rehabilitation pursuant to an earthquake – Posts on which respondents were appointed and working were not sanctioned posts in any regular establishment of the Government – Therefore, no such direction could have been issued by the Division Bench to absorb them in Government service and to regularise their services – Division Bench observed that even while absorbing and / or regularising the services of respondents, the State Government may create supernumerary posts – Such a direction to create supernumerary posts is wholly without jurisdiction – Apparently, what weighed with the Division Bench was that respondents were continued in service for a long time, i.e., 17 years – Division Bench however did not consider that out of 17 years, respondents continued in service for 10 years pursuant to interim order of the High Court – Even considering the decision in Umadevi, the period for which employees continue in service pursuant to interim order is to be excluded – High Court totally missed the said aspect – Order passed by Single Judge of High Court dismissing the writ petition filed by respondents, accordingly restored. Service Law – Regularisation – Umadevi case – When applicable – Held: The purpose and intent of the decision in Umadevi* was, (1) to prevent irregular or illegal appointments in the future, and (2) to confer a benefit on those who had been irregularly appointed in the past and who have continued for a very long time – The decision of Umadevi* may be applicable in a case where the appointments are irregular on the sanctioned posts in regular establishment – The same does not apply to temporary appointments made in a project/programme.
Judge	Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah
Neutral Citation	2022 INSC 342
Petitioner	The State Of Gujarat And Others
Respondent	R.j. Pathan And Others
SCR	[2022] 1 S.C.R. 780
Judgement Date	2022-03-24
Case Number	1951

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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