Case Note & Summary
The case involved a dispute regarding the regularization of a temporary employee in the U.P. State Services. The respondent, Rekha Rani, who held a B.A.M.S. degree, was appointed temporarily as a Medical Officer under a government scheme and alleged that her services were arbitrarily terminated on 16.4.1991. She claimed that she was entitled to regularization based on a prior judgment of the Allahabad High Court, which had directed the regularization of similarly situated employees. The State Government countered that the respondent was a temporary employee and could not claim regularization as appointments were to be made through the U.P. Public Service Commission. The High Court had previously allowed her writ petition, but the Supreme Court found that the dismissal of a Special Leave Petition (SLP) against the High Court's order did not constitute a precedent. The court emphasized that a temporary employee has no right to the post and that the High Court could not regularize her service. The appeal was allowed, and the High Court's order was set aside, dismissing the writ petition without costs.
Headnote
A) Employment Law - Regularization of Temporary Employees - Right to Regularization - Constitution of India, Article 14, 16 - The court held that a temporary employee has no inherent right to regularization and that the High Court cannot regularize an employee under Article 226. The respondent's claim for regularization was dismissed as she was only a temporary employee and had not worked after 16.4.1991, thus not entitled to the benefits claimed (Paras 12-14).
Issue of Consideration
Whether the respondent was entitled to regularization of service and parity in wages as a regular employee.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and dismissed the writ petition. No order as to costs.
Law Points
- Temporary employment
- Regularization of service
- Right to post
- Article 226
- Public Service Commission
- Discrimination in employment
