Case Note & Summary
The petitioners, 21 daily wage workers, were appointed by the then President of the Municipal Council, Tumsar, in 1990. The Regional Director of Municipal Administration passed an order on 30.07.1990 declaring the appointments illegal as there were no sanctioned posts, and the Municipal Council passed a consequential order on 16.08.1990 terminating their services. The petitioners challenged these orders by filing a writ petition under Article 226 of the Constitution on 27.08.1990. The High Court issued notice and granted interim stay on 29.08.1990, which was continued upon admission on 17.07.1991. The petitioners continued in service pursuant to these interim orders for over 22 years until final hearing. The respondent No.2 argued that the appointments were illegal and without jurisdiction, and that illegal appointments cannot be continued merely because of the pendency of the petition. The court, however, noted that the petitioners had been receiving all benefits in accordance with law and that the matter had been pending for over 22 years. The court held that though the initial appointments may have been irregular, the long continuance and the interim orders of the court created equities in favour of the petitioners. The court dismissed the petition as infructuous, effectively upholding the continuance of the petitioners in service.
Headnote
A) Service Law - Illegal Appointments - Legitimate Expectation - Appointments made by President without sanctioned posts - Petitioners worked for over 22 years pursuant to interim orders - Court held that though initial appointments were illegal, the long continuance and receipt of benefits create equities in favour of petitioners - Held that the impugned orders of termination cannot be sustained (Paras 1-5).
Issue of Consideration
Whether appointments made by the President of a Municipal Council without sanctioned posts can be sustained on the ground of long continuance and interim orders of the court.
Final Decision
The petition is dismissed as infructuous. The impugned orders are not sustained. The petitioners are allowed to continue in service.
Law Points
- Legitimate expectation
- Illegal appointments
- Continuance in service
- Interim orders
- Equities
