Full Judgment Text
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CASE NO.:
Appeal (civil) 4224 of 2006
PETITIONER:
VIDYAVARDHAKA SANGHA & ANR.
RESPONDENT:
Y.D. DESHPANDE & ORS.
DATE OF JUDGMENT: 21/09/2006
BENCH:
Dr.AR.LAKSHMANAN & TARUN CHATTERJEE
JUDGMENT:
J U D G M E N T
(Arising out of SLP(C) No.16412 of 2005)
CIVIL APPEAL NO.4225 OF 2006
(Arising out of SLP(C) No.16418 of 2005)
VIDYAVARDHAKA SANGHA & ANR. .....APPELLANT(S)
VERSUS
S.K. JOSHI & ORS. ....RESPONDENT(S)
Dr.AR.LAKSHMANAN, J.
Leave granted.
Heard Mr.S.N.Bhat, learned counsel appearing on behalf of the
appellants and Mrs.K.Sarada Devi, learned counsel appearing on behalf of
the respondents.
Civil Appeal No.4224/2006 arising out of SLP(C) No.16412 of 2005
and Civil Appeal No.4225/2006 arising out of SLP(C) No.16418/2005 were
filed against the final common judgment dt.15.6.2005 of the Division Bench
of the High Court of Karnataka at Bangalore in Writ Appeal Nos.2807/2002
and 2808/2002. We have also perused the judgment in these appeals and
also the appointment order and other relevant records. The appointment
order appointing the respective respondents herein clearly show that the
respondents were appointed in the prescribed scale on temporary basis
for the academic year ending on 31st March, 1993 and subject to the
approval by the Education Department. The appointment order further
states that the services of the temporary employees may be terminated by
the management at any time without assigning any reason and without
giving any prior notice. This appointment order was issued to
Y.D.Deshpande (respondent No.1 in SLP(C) No.16412/2005). Another
appointment order was issued by the management pursuant to the
Resolution of the management in its meeting dt.11.08.1991. The
respondent No.1 in SLP(C) No.16418/2005 (S.K.Joshi) was appointed as
Assistant Teacher in the school in question on consolidated salary of
Rs.400/- per month and on contract basis. The appointment order also
further states that the appointment was upto the end of academic year
10.4.1992. It is not in dispute that when the approval of the Government
was sought the Government did not approve the appointment for the
additional post. It is also not in dispute that the appellants’ institution is
run on the basis of grant-in-aid by the Government. The services of the
respondents were terminated in the year 2001 and the respondents without
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availing the alternative remedy available under the law straightway filed
the Writ Petitions in the High Court which were allowed by the learned
Single Judge and also on appeal by the management the same was
affirmed by the Division Bench of the High Court.
It is now well-settled principle of law that the appointment made on
probation/ad hoc basis for a specific period of time comes to an end by
efflux of time and the person holding such post can have no right to
continue on the post. In the instant case as noticed above, the respective
respondents have accepted the appointment including the terms and
conditions stipulated in the appointment orders and joined the posts in
question and continued on the said post for some years. The respondents
having accepted the terms and conditions stipulated in the appointment
order and allowed the period for which they were appointed to have been
elapsed by efflux of time, they are not now permitted to turn their back and
say that their appointments could not be terminated on the basis of their
appointment letters nor they could be treated as temporary employee or
on contract basis. The submission made by the learned counsel for the
respondents to the said effect has no merit and is, therefore, liable to be
rejected. It is also well-settled law by several other decisions of this Court
that appointment on ad hoc basis/temporary basis comes to an end by
efflux of time and persons holding such post have no right to continue on
the post and ask for regularisation etc.
For the foregoing reasons, the Civil Appeals stand allowed and the
judgments passed by the High Court in Writ Appeal Nos.2807/2002 and
2808/2002 and in Writ Petitions are set aside. No costs.