VidhiSangh

Supreme Court of India · 24/03/2022

THE STATE OF GUJARAT AND OTHERS versus R.J. PATHAN AND OTHERS

[2022] 1 S.C.R. 780 · 2022 INSC 342

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Summary

The State challenged a direction to consider regularisation of contractual drivers, if necessary by creating supernumerary posts. They had been appointed for a temporary earthquake-rehabilitation project rather than sanctioned posts in a regular establishment, and ten of their seventeen years of service followed an interim court order. The Court held that these circumstances did not justify the direction, distinguished the regularisation precedents relied upon and restored dismissal of the writ petition.

Issues

  1. Whether long contractual service in a temporary project justified a direction for absorption or creation of supernumerary posts.
  2. Whether service continued under an interim court order could support the regularisation claim.

Held

Result

State’s appeal allowed without costs. The Division Bench judgment was set aside and the Single Judge’s order dismissing the employees’ writ petition was restored.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 780.