BUDHIYARIN BAI Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) THE petitioner was appointed as Hostel Servant (hostel fund) on 1-5-1984. THEreafter the services of the petitioner were regularized and she was promoted on the vacant post of Hostel Servant (contingency fund) w.e.f. 1-6-1989 in the pay scale of Rs. 725-10-735-855-15-900 vide order dated 27-5-1989 (Annexure A-1). THE services of the petitioner was terminated vide order dated 26-2-2000 (Annexure A-4) pursuant to the direction issued by the Commissioner, Higher Education vide letter dated 3-2-2000, issued in compliance of the order dated 29-1-2000 passed by the General Administration Department.

(2.) THE petitioner by this petition seeks quashing of the order dated 26-2-2000 and consequential benefits.

(3.) A perusal of the minutes of the meeting of the committee dated 26-2-2000 reveals that the appointment of the petitioner was not made in accordance with law and it was de hors the constitutional scheme. The appointment of the petitioner was not through the advertisement or by inviting any application through any other means from all eligible candidates. It is well settled principle of law that the daily wagers, temporary or ad hoc employees have no right to the post seeking regularization and grant of regular pay scale, if their appointments were de hors the constitutional scheme or the rules made under the proviso to Article 309 of the Constitution of India.