KHEEMANAND Vs. MANAGING DIRECTOR & ANOTHER
LAWS(UTN)-2012-4-144
HIGH COURT OF UTTARAKHAND
Decided on April 26,2012

Kheemanand Appellant
VERSUS
Managing Director And Another Respondents

JUDGEMENT

Servesh Kumar Gupta, J. - (1.) HAVING heard learned counsel for the parties, it transpires that during the period 2000 to 2004, the petitioner worked on consolidated pay in a project known as 'Diversified Agriculture Support Project' (DASP) being run by respondent -Federation. When the said Project came to an end, petitioner was allowed to work as Assistant Regional Invigilator on contractual basis. The case of the petitioner is that his services are not being regularized. He also moved a representation in this regard which too has been rejected. The Constitutional Bench of Hon'ble Apex Court in the case of "Secretary, State of Karnataka and others Vs. Uma Devi and others reported in 2006 (4) SCC Page 1", has categorically held that in a State where the appointment of any employee is made on regular basis, without giving the opportunity to general public at large to apply for the same, then such appointment, either on ad hoc, temporary, contractual, casual or daily wage basis, is impermissible, inasmuch as, the same would negate the rights of the others as conferred by Article 21 of the Constitution of India. It was further held that if the High Court, in exercise of powers under Article 226 of the Constitution of India, makes any such order in favour of any such employee for regularization of his services, the same dehors the constitutional scheme of public employment.
(2.) THEREFORE , in light of law laid down by Hon'ble Apex Court in the case of Uma Devi (Supra), this petition cannot be accepted even for hearing. It is, accordingly, dismissed at the threshold without any order as to costs.;


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