Case Note & Summary
The petitioner, Smt. Jayashree, was appointed temporarily on ad hoc basis as a Second Division Assistant in the Directorate of Collegiate Education, Karnataka. Her appointment was made without following the recruitment rules. Subsequently, her services were terminated by an order dated 24.03.2014. She challenged the termination before the Karnataka State Administrative Tribunal (KAT) in Application No.6072/2014, which was dismissed on 11.12.2017. Aggrieved, she filed the present writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of the termination order and reinstatement with back wages. The High Court heard the matter and reserved orders. The court observed that the petitioner was a temporary employee appointed on ad hoc basis and her appointment was not in accordance with the Karnataka State Civil Services Act, 1978 and the Karnataka State Civil Services (Temporary Service) Rules, 1967. The court held that a temporary employee has no right to the post and termination without notice is valid if the appointment was irregular. The court further held that the petitioner was not a civil servant within the meaning of Article 311(2) of the Constitution of India, and therefore, the principle of natural justice was not applicable. Consequently, the court dismissed the writ petition, upholding the termination and denying reinstatement and back wages.
Headnote
A) Service Law - Temporary Employee - Termination - Ad Hoc Appointment - The petitioner was appointed temporarily on ad hoc basis without following recruitment rules. The termination order was passed without notice. The court held that a temporary employee has no right to the post and termination without notice is valid if the appointment was irregular. (Paras 1-10) B) Service Law - Natural Justice - Article 311(2) - The petitioner was not a civil servant within the meaning of Article 311(2) of the Constitution of India as her appointment was ad hoc and not in accordance with rules. Therefore, the principle of natural justice was not applicable. (Paras 5-8) C) Service Law - Reinstatement - Back Wages - The court held that since the appointment was temporary and ad hoc, the petitioner is not entitled to reinstatement or back wages. The termination was in accordance with the terms of appointment. (Paras 9-10)
Issue of Consideration
Whether the termination of a temporary employee appointed on ad hoc basis without following recruitment rules is valid and whether the employee is entitled to reinstatement and back wages.
Final Decision
Writ petition dismissed. Termination order upheld. No reinstatement or back wages granted.
Law Points
- Temporary employee
- ad hoc appointment
- termination without notice
- no right to reinstatement
- no back wages
- Article 311(2) of Constitution of India
- Karnataka State Civil Services Act
- 1978
- Karnataka State Civil Services (Temporary Service) Rules
- 1967
