Temporary employee has no right to continue in post: SC
A temporary employee has no right to continue in the post, even for one single day, after his employer decides to end his service, the Supreme Court has ruled.
By PTI |
NEW DELHI: A temporary employee has no right to continue in the post, even for one single day, after his employer decides to end his service, the Supreme Court has ruled.
A bench of Justices H K Sema and Markandeya Katju also said that appointments to posts requiring special skills like that of a stenographer should be based only on merit and not on any extraneous considerations.
The apex court said that there is no principle of law that a person appointed in a temporary capacity has a right to continue till a regular selection is made.
"Rather, the legal position is just the reverse, that is, a temporary employee has no right to the post," the apex court observed, citing its earlier ruling.
The bench passed the observation while upholding an appeal filed by the Uttar Pradesh Government challenging the direction of the Allahabad High Court direction to retain a temporary stenographer Ram Ahdar till the selected steno joined the post.
Ahadar had approached the high court after the Government rejected his plea for continuance in the post.
However, the apex court did not agree with the High Court's order and held that the temporary employee had no right of continuing in a post.
"Hence, he (Ahadar) has no right to continue even for a day as of right, far from having a right to continue till a regular appointment," the bench observed.
A bench of Justices H K Sema and Markandeya Katju also said that appointments to posts requiring special skills like that of a stenographer should be based only on merit and not on any extraneous considerations.
The apex court said that there is no principle of law that a person appointed in a temporary capacity has a right to continue till a regular selection is made.
"Rather, the legal position is just the reverse, that is, a temporary employee has no right to the post," the apex court observed, citing its earlier ruling.
The bench passed the observation while upholding an appeal filed by the Uttar Pradesh Government challenging the direction of the Allahabad High Court direction to retain a temporary stenographer Ram Ahdar till the selected steno joined the post.
Ahadar had approached the high court after the Government rejected his plea for continuance in the post.
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However, the apex court did not agree with the High Court's order and held that the temporary employee had no right of continuing in a post.
"Hence, he (Ahadar) has no right to continue even for a day as of right, far from having a right to continue till a regular appointment," the bench observed.
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