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Kerala Financial Corporation and anr. Vs. O.K. Muraleedharan and anr. - Court Judgment

SooperKanoon Citation
SubjectService
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 2887 of 2000 Arising out of SLP (C) No. 16296 of 1999
Judge
Reported in(2001)9SCC244
AppellantKerala Financial Corporation and anr.
RespondentO.K. Muraleedharan and anr.
Excerpt:
.....not be thrust upon the appellants -- the respondents were appointed as law assistants for a period of six months purely on contractual basis. from time to time the said appointments were extended. aggrieved, the respondents filed a writ appeal before the division bench of the kerala high court and the same was dismissed. it is against the abovesaid judgment the respondents are in appeal before us......till the regular appointments were made by the appellants. aggrieved, the respondents filed a writ appeal before the division bench of the kerala high court and the same was dismissed. it is against the abovesaid judgment the respondents are in appeal before us.3. it is stated in the appeal that the appellants herein do not require any further services of law assistants and, therefore, they have taken a decision not to fill up these vacancies immediately. in future, the vacancies may be filled up as per rules. in view of the aforesaid statement and also keeping in view that the appointments of the respondents were purely ad hoc for six months which was intermittently extended, and also coupled with the fact that services of the respondents cannot be thrust upon the appellants, we.....
Judgment:

V.N. Khare and; R.C. Lahoti, JJ.

1. Leave granted.

2. The respondents were appointed as Law Assistants for a period of six months purely on contractual basis. From time to time the said appointments were extended. It is not disputed that these respondents intermittently remained in service for a period of two-and-a-half years. Subsequently, the respondents' appointments were not extended and they were relieved of their duties. Under such circumstances, the respondents filed writ petition in the High Court praying for continuity of their services. The writ petition was disposed of by a learned Single Judge of the High Court with a direction that the respondents would continue in service till the regular appointments were made by the appellants. Aggrieved, the respondents filed a writ appeal before the Division Bench of the Kerala High Court and the same was dismissed. It is against the abovesaid judgment the respondents are in appeal before us.

3. It is stated in the appeal that the appellants herein do not require any further services of Law Assistants and, therefore, they have taken a decision not to fill up these vacancies immediately. In future, the vacancies may be filled up as per rules. In view of the aforesaid statement and also keeping in view that the appointments of the respondents were purely ad hoc for six months which was intermittently extended, and also coupled with the fact that services of the respondents cannot be thrust upon the appellants, we set aside the judgment under appeal with this condition that in future, if the appellants advertise the vacancies for filling up the same by direct recruitment or make ad hoc appointment, the case of the respondents shall also be considered. With these directions the appeal is allowed. There shall be no order as to costs.


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