In a recent significant legal ruling, the Supreme Court of India delivered a judgment regarding the provisional appointment at the Village Pooth Kalan Post Office. The case revolved around the implications of provisional appointments ending upon regular appointments, with no entitlement to back wages. Stay informed on this crucial development in the legal landscape.
Facts
- The appellant filed a Miscellaneous Application in Writ Petition challenging an order which was dismissed by the High Court.
- The appellant filed a review application pointing out discrepancies in the statement made by the respondent’s counsel.
- The Court dismissed the writ petition on 08.07.2004 after considering the appointee’s claim for regularization based on prolonged service.
- An order dated 28.03.2008 was passed by the Supreme Court dismissing the Special Leave Petition but granted the appellant liberty to approach the High Court for reliefs.
- A Review Application filed by the appellant against an order directing her reinstatement was dismissed by the High Court on 03.12.2004.
- The petitioner filed an Original Application before the Central Administrative Tribunal seeking regularization of her service.
- The Tribunal dismissed her claim for regularization, stating she was not entitled to it.
- The appellant filed a review petition which was also rejected by the Court.
- The Division Bench of the High Court reviewed the contentions of the appellant in detail.
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Analysis
- The petitioner’s submission in the review petition was that there were no appointments on a regular basis and no regular replacements were made after their services were terminated.
- The Supreme Court noted that the petitioner could approach the High Court for obtaining information under the Right to Information Act.
- The review petition was dismissed on 3.12.2004 with no new plea being taken for a second review petition.
- The appellant challenged the order dated 29.08.2008, where the High Court dismissed the application arising from W.P.(C) No 9282 of 2004.
- The appellant was appointed as an Extra Departmental Employee at village Pooth Kalan Post Office on a provisional basis.
- The petitioner was provisionally appointed to the post of EDE.
- Regular incumbents were appointed to replace the petitioners.
- The appointment order clarified that provisional appointment would end upon regular appointment with no claim for further appointment.
- The Supreme Court dismissed the Special Leave Petition as well as the review petition, noting that the statement about regular incumbents did not impact the decision on regularization.
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Decision
- The appellant was permitted to hold the post of EDE until a regular appointment is made.
- She was not entitled to any back wages.
- The appellant had no claim for appointment to any post.
- The provisional appointment could be terminated at any time without notice or reason.
- Miss Kamlesh would be governed by the EDA (Conduct and Service) Rules 1964 and other relevant rules.
- The provisional appointment would end once a regular appointment is made.
- The specific order of appointment to the appellant was mentioned.
- The appeal and review petition were both dismissed.
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Case Title: KAMLESH Vs. UNION OF INDIA THROUGH SECRETARY, DEPARTMENT OF POST (2020 INSC 56)
Case Number: C.A. No.-002535-002535 / 2011
