Tuesday, January 22, 2008

Bombay High Court- Shri P.R. Nair and Ors. v. Union of India and Anr.

Petitioners are workers in Medical college mess run by Central government but are appointed by Mess Committee, which comprises of students as its members and there is no prescribed procedure for the appointment. Hence they cannot be said to be government class IV employee. The Petitioners contend that since the college is run by central government and they have served for a very long time they must be extended the benefit of permanency in service. Held: Reference of a previous Judgment has been followed by the Apex Court in which contractual, temporary employees appointed de hors the rules were held not entitled to regularisation in service even after 14 years and despite the interim Order of the High Court. In this case the Petitioners have not been appointed for any sanctioned vacant post by the Government after following the rules of the Armed Forces otherwise applicable to the Central Government employees. The Petitioners, therefore, cannot be granted any relief.

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