Public Appointment I 500 Words @ 90 WPM I Shorthand Dictations transcriptions
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Загружено: 2023-10-04
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Public Appointment I 500 Words @ 90 WPM I Shorthand Dictations transcriptions
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Thus, It is clear that adherence to the rule of equality In public employment is a basic feature of our Constitution and since the rule of law is the core of our Constitution, a Court would certainly be disabled from ده passing an order upholding a violation of Article 14 or In ordering the overlooking of the need to comply with the requirements of Article 14 read with Article 16 of the Constitution. Therefore, consistent with the scheme for public employment," this Court while laying down the law, has necessarily to hold that unless the appointment is in terms of the relevant rules and after a proper competition among qualified persons, the same would not confer any right on the appointee. If it is a contractual appointment, the appointment comes to an end at the end of the contract, if it were an 143 engagement or appointment on dally wages or casual basis, the same would come to an end when it is discontinued. Similarly, a 100 temporary employee could not claim to be made permanent on the expiry of his term """ of appointment. It has also to be clarified that merely because a temporary employee or a casual wage worker is continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in 220 regular service or made permanent, merely on the strength of such continuance, if the original appointment was not made by 240 following a due process of selection as envisaged by the relevant rules. It is not open to the court to prevent 250 regular recruitment at the Instance of h temporary employees whose period of employment has come to an end or of 25 ad hoc employees who, by the very nature of their appointment, do not acquire any right. A High Courts acting under Article 225 of the 3 Constitution of India, should not ordinarily L Issue directions for absorption, regularization, or permanent 320 continuance unless the recruitment Itself was made regularly and in terms of the constitutional scheme. Merely because, an employee had continued under cover of an order of Court, which we have described as 'litigious employment in the earlier part of the judgment, he would not be entitled to any right to be absorbed or made permanent in the service. In fact, In such cases, the High... Court may not be justified In Issuing Interim directions, since, after all, If ultimately the employee approaching it is found entitled to rellef, It may be possible for it to mould the rellef in such a manner that ultimately no prejudice will be caused to him, whereas Interim direction to continue his employment... would hold up the "regular procedure for selection or Impose on the State the burden of paying an employee who is really not required. The courts must be careful in ensuring that they do not Interfere unduly with the economic arrangement of Its affairs 4 by the State or its Instrumentalities or lend themselves the instruments to facilitate the bypassing of the constitutional and statutory 533 mandates.
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