Can a Contractual Employee seek regularisation after the Permanent Employee of his Post gets repatriated back from deputation, SC answers

  

The Supreme Court has recenlty decided on whether a Contractual Employee can seek regularisation after the Permanent Employee of his Post gets repatriated back from deputation.

Brief Facts of Case

The Agriculture Department of the State of Rajasthan sent its permanent Driver on deputation for a certain period of time and hired a Contractual Employee in his place through a Cooperative Society. According to the appellant, a consolidated bill would be raised by the Society on monthly basis and the money would be released in favour of the Society as reward for his services by the petitioner-department.

The services of the Respondent were disengaged after the permanent Driver was repatriated to the petitioner-Department. This led to the Respondent seeking Court's intervention with contention that his services were being substituted by another contractual employee and that his services as Driver in the Department be regularised.

Single Judge Bench of the High Court allowed the plea and imposed sum of ₹25,000/- to the petitioner-Department.

Aggrieved, the Department filed Special Appeal which inturn was dismissed by the Division Bench of the High Court. It then filed the present plea in Supreme Court.

Supreme Court's Observation 

The Court observed after examining the documents on record that they clearly showed that it was not a case of another contractual or ad hoc employee being appointed in place of the respondent but rather it was a case of regular appointee getting repatriated to the parent department.

It thus stated that the High Court erred in its order and set-aside the same. Though, the Top Court added to the cost imposed and directed the appellant to make over further sum of ₹25,000/- to the respondent in view of the peculiar facts of the matter.

Read Judgement Here:

 

 

.SOURCE ; latestlaws.com/

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