G THIRUMURUGAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has been appointed in a casual vacancy as peon to the Honourable Speaker on adhoc and co-terminus basis with effect from 11.06.1996. THEreafter, the petitioner's appointment was terminated on 31.08.1996. Again the petitioner was engaged as a daily rated casual labourer from 08.10.1996 in the Legislative Assembly Secretariat. However the petitioner's service engagement was dispensed with effect from 27.07.1999.

(2.) THE petitioner was once again engaged as a daily rated casual labourer on 14.09.1999 with a specific condition that such engagement would be dispensed with as and when one Maileru who was appointed as Junior P.A. to the Honourable Health Minister on co-terminue basis reverts back as daily rated casual labourer. THErefore when the above said Maileru came back and reported for duty, the petitioner's engagement was dispensed with effect from 31.03.2000.

(3.) AFTER hearing the arguments of the learned counsel appearing for the petitioner and also after going through the order impugned, this Court does not find any merits in this writ petition. The facts narrated above would clearly establish the fact that the petitioner's appointment was casual and temporary. The said appointment was made de hors the rules on a temporary basis without following any procedure. As and when the work was required, the petitioner was engaged and after working for some time, he was dispensed with. When the petitioner is a casual and temporary employee, whose services have been dispensed with he cannot approach this court, under Article 226 of the Constitution of India seeking to make him permanent. The petitioner does not have any legal right and in any case this Court sitting under Article 226 of the Constitution of India cannot exercise its discretion to direct the respondents to provide him a permanent job which is impermissible in law. The Honourable Supreme Court in STATE OF KARNATAKA v. UMADEVI [(2006) 4 SCC 1] has held that the Court shall not issue a writ of mandamus to regularise the appointment of casual employees who have been appointment de hors the rules without following any procedure.