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SUPREME COURT OF INDIA
MUKESH BHAI CHHOTABHAI PATEL, bombay
versus
JOINT AGRICULTURE and MARKETING
ADVISOR, government OF INDIA
Decide on August 18, 1994
Regularisation - Appointments - The appellant sought regularisation of his temporary appointment based on a circular issued by the Union of India. The court dismissed the appeal, stating that the appellant was not entitled to the relief.
Fact of the Case:
The appellant was appointed in 1977 and removed in 1987. He sought regularisation of his appointment, citing a circular issued by the Union of India. The Tribunal dismissed the petition, leading to this appeal.
Finding of the Court:
The court dismissed the appeal, stating that the appellant was not entitled to the relief sought.
Issues: Regularisation of temporary appointment based on a circular issued by the Union of India.
Ratio Decidendi: The court held that the appellant was not entitled to regularisation based on the cited circular.
Final Decision: The appeal was dismissed with no costs.
( 1 ) LEAVE granted.
( 2 ) THE appellant was appointed on 21/05/1977 and was removed on 13/04/1987. When the appellant approached the Tribunal, the Tribunal in the impugned order dated 19/04/1990 made in O. A. No. 368/87 dismissing the petition. Thus this appeal by special leave.
( 3 ) SHRI Mehta, learned senior counsel for the appellant placing heavy reliance on the decision of this Court in Bhagwati Prasad v. Delhi State Mineral Development Corporation, (1990) 1 SCC 361 : (AIR 1990 SC 371) contended that the Union of India, Ministry of Irrigation had issued the circular No. 19/50/80-Estt. I, dated 8-6-1984, directing that all those candidates temporarily appointed on or prior to 4/11/1978 should be regularised and that the question of the appellant appearing for the test asked for by the Department and his non-clearance should not be a ground to deny him regularisation of his temporary appointment on the proper construction of the above circular, it is clear that he is entitled to that relief. Therefore, the Tribunal has committed grievous error in dismissing the appellants O. A. The said circular reads as under :
"sub : Regularisation of appointments made by CWC to the grade of LDCs/ Steno prior to taking over of recruitment by the S. S. C.
( 4 ) THE appeal is accordingly dismissed. No costs. Appeal dismissed.
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