LAWS(DLH)-2013-7-171

SUSHIL KUMAR Vs. UNIVERSITY GRANTS COMMISSION

Decided On July 10, 2013
SUSHIL KUMAR Appellant
V/S
UNIVERSITY GRANTS COMMISSION Respondents

JUDGEMENT

(1.) BY this writ petition, petitioners claim regularization with the respondent/University Grants Commission (UGC). Petitioners in fact have never worked with UGC as employees of UGC but were placed by private placement agencies for working with the respondent. Petitioners are therefore not employees of respondent but of private contractors.

(2.) EVEN if the petitioners are working as ad hoc employees or casual employees of the respondent, services of such persons cannot be regularized in view of ratio of the Constitution Bench judgment of the Supreme Court in the case of Secretary, State of Karnataka & Ors Vs. Umadevi & Ors. 2006 (4) SCC 1. The ratio of the judgment of the Supreme Court in the case of Umadevi (supra) reads as under:-

(3.) IN view of the aforesaid facts that the petitioners have never been employees of the respondent and at best they were casual employees of the respondent, therefore they cannot be regularized in view of the judgment in the case of Umadevi (supra).