RITA DEVI Vs. SECRETARY

JUDGEMENT

(1.) THE petitioners husband was employed on daily waged basis in the Indo -German Changer Project, Palampur w.e.f. 1993 to December, 2004. The Indo -German Changer Project, Palampur was a registered society. The Project was closed on 31.12.2006.

(2.) THE petitioner has approached this Court seeking a direction to the respondents to give her employment on compassionate grounds. Mr. S.D. Gill, learned counsel for the petitioner has vehemently argued that the petitioner is entitled to employment on compassionate grounds as per Annexure P -1. Mr. R.K. Sharma, learned Senior Additional Advocate General has strenuously argued that the petitioners husband was engaged on daily waged basis and the Project has been closed on 31.12.2006. He then contended that the petitioners husband has died on 2.1.2005 and the present petition is barred by delay and laches. We have heard the learned counsel for the parties and gone through the pleadings carefully. Petitioner was engaged on daily waged basis in a Project called as Indo -German Changer Project, Palampur.

(3.) IT is seen that when the project is completed and closed due to non -availability of funds, consequently, the employees have to go along with the closed project. The High Court was not right in giving the direction to regularize them or to continue them in other places. No vested right is created in temporary employment. Directions cannot be given to regularize their services in the absence of any existing vacancies nor can directions be given to create posts by the State to a non -existent establishment. The Court would adopt pragmatic approach in giving directions. The directions would amount to creating of posts and continuing them in spite of non -availability of the work.