LAWS(DLH)-2013-1-109

LAXMI NARAIN Vs. UNION OF INDIA

Decided On January 07, 2013
LAXMI NARAIN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) NO one appears on behalf of the petitioner although the matter is effective item No.15 on the Regular Board and it is 2.50 P.M.

(2.) BY this petition, the petitioner seeks the following reliefs:-

(3.) IN view of the above, since the case of the petitioner is not that there is a vacancy in the sanctioned post for which a recruitment process has been initiated, the petitioner is not entitled to the reliefs claimed in the present petition because the Supreme Court in Uma Devi's (supra) case has said that there is no legitimate expectation of a person who is a casual labourer or a contractual employee for regularization inasmuch as there cannot be any assurance by the Government or its instrumentalities to give a regular status or a confirmed temporary status to such employees which violates the constitutional mandate. The Supreme Court in the case of Uma Devi's (supra) has also said that such casual labourers or contractual labourers cannot claim to be regularized alleging violation of Article 21 of the Constitution of India. The Supreme Court has further clarified that giving a confirmed status to a casual labourer or a contractual person would be to stall the regular recruitment process which is not permissible.