Employees have no Prerogative Over Fresh Public Employment except to Come through Merit
The Director of Horticulture, Odisha Vs. Pravat Kumar Dash & Ors.:[09.08.2019]: In the referred case, the division bench of the Hon’ble SC held that the temporary or contractual or permanent employees have no prerogative or privilege to be assimilated by absorption and to be considered on priority basis for the vacancies declared for fresh appointment through inviting applications from public at large.
The SC further observed that being already in employment, whether temporary/ contractual/ permanent, will not confer any right on the basis of equity in favour of the existing employees sidelining other candidates invited for recruitment through public notification. There cannot be any parity in the illegality and all public posts are required to be filled up by giving an opportunity to all the candidates to apply and to compete for the post.
While settling the issues, the SC relied upon reference made in Chandigarh Administration & Anr. v. Jagjit Singh & Anr. [(1995) 1 SCC 745] and Kulwinder Pal Singh & Anr. v. State of Punjab & Ors. [(2016) 6 SCC 532]
The detail facts and judgment may be accessed at: https://sci.gov.in/supremecourt/2018/28827/28827_2018_10_1503_15823_Judgement_09-Aug-2019.pdf
