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1996 Supreme(SC) 18
1996(1) Supreme 358
SUPREME COURT OF INDIA
K. Ramaswamy & G. B. Pattanaik, JJ.
State of Himachal Pradesh -Appellant
versus
Nodha Ram & Ors. -Respondents
Civil Appeal No. 1539 of 1996
Decided on 3-1-1996
IMPORTANT POINT
When the project is closed, the daily wage temporary employees have to go with its closure and the High Court cannot give the direction to regularise them or to continue them in other places.
Headnote:Constitution of India-Articles 226 and 136-SLP against interim direction of High Court in service matter-Temporary employment in Central Scheme-Scheme closed-Services dispensed with-Writ Petitions-Interim directions by High Court re-engagement elsewhere-Whether legal ? (No)
Held : No vested right is created in temporary employment. Directions cannot be given to regularise their services in the absence of any existing vacancies nor can directions be given to the State to create posts in a non-existent establishment. The Court would adopt pragmatic approach in giving directions. The directions would amount to creating of posts and continuing them despite non-availability of the work. We are of the considered view that the directions issued by the High Court are absolutely illegal warranting our interference. The order of the High Court is, therefore, set aside. (Para 4).
ORDER
Leave granted.
2. Heard Counsel on both sides.
3. The facts are that the respondents were engaged on daily wages on muster roll basis in Central Scheme and were paid out of the funds provided by the Central Government. It is stated that after the Scheme was closed their services were dispensed with. When the respondents filed the writ petition in the High Court, the High Court gave interim direction on November 18, 1992 and directed their re-engagement elsewhere. Against the aforesaid interim direction, this appeal by special leave has been filed.
4. It is seen that when the project is completed and closed due to non-availability of funds, the employees have to go along with its closure. The High Court was not right in giving the direction to regularise them or to continue them in other places. No vested right is created in temporary employment. Directions cannot be given to regularise their services in the absence of any existing vacancies nor can directions be given to the State to create posts in a non-existent establishment. The Court would adopt pragmatic approach in giving directions. The directions would amount to creating of posts and continuing them despite non-availability of the work. We are of the considered view that the directions issued by the High Court are absolutely illegal warranting our interference. The order of the High Court is, therefore, set aside.
5. The appeal is accordingly allowed. No costs.
Appeal allowed.
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