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1995 Supreme(SC) 1040

J.S.VERMA, K.VENKATASWAMI
Union Of India – Appellant
Versus
Tara Chand Sharma – Respondent


Advocates:
A.N.JAYARAM, B.D.SHARMA, HEMANT SHARMA, P.PARMESHVARAN

Judgement

K. VENKATASHWAMI, J.:- Delay condoned.

2. Leave granted.

3. Heard counsel for both sides. The short question that calls for our consideration is whether the respondents 1-6 (hereinafter referred to as respondents) who were promoted temporarily in the posts created for a specific period can claim the right of continuance in said posts even after expiry of the said period. Brief facts are the following:

The respondents 1-6 who were the petitioners before the Central Administrative Tribunal were recruited as Assistant Compilors-LDCs during 1980 and were later confirmed in the same posts by Order dated 26-5-1989. During 1991 Census operations. 21 posts had been created on a short-term temporary basis after taking into consideration the increased quantum of work. The said posts have been sanctioned for fixed period and their continuation depended on the receipt of further sanction. Factually the aforesaid temporary posts created for 1991 Census were continued till December 1993 and from 1-1-1994 those temporary posts created as above, ceased to exist.

4. On the basis of the recommendations of a Departmental Promotion Committee, the respondents were promoted to the newly created te





























































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