Supreme Court Digest of Recent Cases
(2006) 7 SCC 161

Service Law

Regularisation

— Ad hoc/Temporary appointees/promotees — Temporary appointee's right to regularisation in public employment — Project employees — Not appointed in terms of any statutory rules and/or upon compliance with requirements envisaged under Arts. 14 and 16 — There was no sanctioned post — Neither any advertisement was issued nor any vacancy notified to employment exchange — Project was intended to be a time-bound one for providing technical education to agriculturists and not meant for employment generation — On these facts, held, respondents did not have any right to be absorbed in regular service — Hence, High Court's direction to appellants to create posts and regularise services of respondents, held, not justified, (2006) 7 SCC 161-A

Constitution of India

— Arts. 309, 16 and 14 — Recruitment rules — Object behind framing of — Held, is to provide equal opportunity to all citizens entitled for being considered for recruitment to vacant posts, (2006) 7 SCC 161-B

Constitution of India

— Arts. 16 & 309 — Public employment — Right of State to create posts and recruit people therefor — Source of — Held, it emanates from the statutes or statutory rules and/or rules framed under the proviso appended to Art. 309, (2006) 7 SCC 161-C



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