Case Note & Summary
The petitioner, an advocate, was appointed as District Commandant, Home Guard, Bhandara, an honorary post, for a term of five years which expired on 25-08-2009. Although an order was passed continuing his services until further orders, the respondent No.1 directed respondent No.3 to take charge of the post. The petitioner filed a writ petition seeking a direction to grant him extension of service for one year or till regular appointment. The court observed that the petitioner had no legal right to be continued in the employment as a Commandant, Home Guard, and there was no requirement that he should be continued as a matter of right. The court dismissed the petition but granted liberty to the petitioner to make a representation to the respondents for continuation or fresh appointment, directing the respondents to decide the representation within eight weeks.
Headnote
A) Service Law - Extension of Service - Honorary Post - No Legal Right - The petitioner, appointed as District Commandant, Home Guard for a fixed term of five years, sought extension after expiry. The court held that there is no legal right to be continued in employment as a Commandant, Home Guard, and no requirement that the petitioner should be continued as a matter of right. The petition was dismissed, but liberty was granted to make a representation to the respondents for continuation or fresh appointment. (Paras 2-4)
Issue of Consideration
Whether the petitioner has a legal right to be continued in the post of District Commandant, Home Guard after the expiry of his five-year term.
Final Decision
The petition is dismissed. However, the petitioner is at liberty to make a representation to the respondents for continuation or fresh appointment. The respondents shall take a decision on the representation within a period of eight weeks.
Law Points
- No legal right to continuation in employment after expiry of fixed term
- honorary post
- no right to extension
- representation to authority
