Case Note & Summary
The dispute arose from the U.P. Land Development Corporation's decision to prepare a panel for the recruitment of Assistant Project Managers under the Million Wells Scheme. The Corporation sought names of B.Sc. (Agr) graduates for training, and subsequently, 32 candidates were selected and appointed temporarily. After the scheme's closure on 31/3/1994, six candidates filed a writ petition for regularisation of their services, which was initially granted by a Single Judge and upheld by the Division Bench of the High Court. The Corporation appealed against this decision, arguing that the appointments were temporary and contingent on the scheme's existence. The court examined the internal notes and government orders, concluding that the respondents were not appointed against sanctioned posts and had no right to regularisation after the project's termination. The court referenced precedents indicating that temporary employees do not acquire vested rights upon project closure. Ultimately, the Supreme Court set aside the High Court's order, allowing the appeal without costs, while noting that the respondents could seek future employment opportunities if available.
Headnote
A) Employment Law - Regularisation of Services - Entitlement Post Project Closure - Not applicable under the circumstances of temporary employment - The Supreme Court held that employees appointed under a temporary scheme do not have a vested right to regularisation upon the project's closure, as their appointments were not against sanctioned posts. The court set aside the High Court's order directing regularisation, emphasizing that temporary employment ceases with the project's end (Paras 1-5).
Issue of Consideration
Whether the respondents were entitled to regularisation of their services after the closure of the Million Wells Scheme.
Final Decision
The Supreme Court set aside the High Court's order for regularisation, allowing the appeal and stating that the respondents had no vested rights to regularisation after the project's closure.
Law Points
- Temporary employment
- regularisation of services
- project closure
- vested rights
- recruitment procedures
