Case Note & Summary
The dispute arose from an advertisement issued by the Department of Agriculture, Government of Bihar, inviting applications for 4062 posts of Subject Matter Expert (SME) on a contract basis, which prescribed an age limit inconsistent with a prior government Resolution. The Resolution allowed a maximum age of 65 years for contract employment, while the advertisement set lower age limits based on caste and gender. Petitioners challenged the advertisement's age limit in the High Court, which directed the State Government to reconsider it. The Director of Agriculture upheld the advertisement's age limits, leading to further challenges in the High Court, which quashed the Director's order. The Division Bench dismissed the appellants' appeal, stating no vested rights had accrued. The Supreme Court found that the Director's interpretation was correct, as the employment period exceeded what could be considered 'short term' under the Resolution. The court set aside the High Court's orders but chose not to unsettle the appointments already made, directing future appointments to comply with the law if needed beyond the contract period. The appeal was disposed of without costs.
Headnote
A) Employment Law - Contract Employment Guidelines - Age Limit Consistency - Bihar Government Resolution, 2007, Section 2 - The court examined the age limit for contract employment as per the Resolution and the advertisement, concluding that the age limit of 65 years was not applicable for employment exceeding one year in temporary schemes. The court held that the Director's decision to maintain a lower age limit for the SME posts was valid and consistent with the provisions of the Resolution (Paras 14-15).
Issue of Consideration
Whether the age limit prescribed in the advertisement for contract employment was consistent with the earlier Resolution issued by the Government.
Final Decision
The Supreme Court set aside the orders of the High Court and upheld the Director's decision regarding the age limit for contract employment, while allowing the existing appointments to remain undisturbed until the end of their contract period.
Law Points
- Contract employment guidelines
- age limit for employment
- validity of advertisement
- temporary employment provisions
