Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Appointment / Recruitment – Of Drivers in appellant-transport Corporation |
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 / Recruitment – Of Drivers in appellant-transport Corporation – High Court while holding the entire recruitment process to be bad as the appointments were made solely on the basis of marks allotted in the viva test, directed the appellant-transport corporation to appoint respondent no.1 as Driver with seniority as per his merit position without any back wages – Plea of appellant–transport corporation before Supreme Court that 14 years have passed from the date of the recruitment and there are changed circumstances due to which it is not possible now to actually reinstate/appoint respondent no.1 on the post of driver – Held: On facts, as on today, no post of driver is available – All the subsequent appointments are now being made on contractual basis and through contractors – As on today, the age of respondent No.1 would be approximately 49 years while the retirement age of a driver is reported to be 55 years – If respondent No.1 is to be appointed now as driver, he will have to clear the driving test to drive the bus on the road – Considering the overall facts and circumstances, at this stage, actual appointment of respondent No.1 is not possible – However, with a view to do substantial justice, respondent No.1 awarded lumpsum compensation of Rs.7.5 lakhs in lieu of actual appointment with 6% interest from September, 2013 onwards till the actual payment is made to respondent no.1. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 789 |
Petitioner | Delhi Transport Corporation |
Respondent | Sandeep Kaushik And Ors. |
SCR | [2022] 6 S.C.R. 848 |
Judgement Date | 2022-08-03 |
Case Number | 4920 |
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