STATE OF HIMACHAL PRADESH, THROUGH THE SECRETARY RURAL DEVELOPMENT TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA versus ASHWANI KUMAR AND ORS. on 3 January 1996

A

STATE OF HIMACHAL PRADESH, THROUGH THE SECRETARY RURAL DEVELOPMENT TO THE GOVT. OF HIMACHAL PRADESH, SHIMLA

v.

ASHWANI KUMAR AND ORS.

B

JANUARY 3, 1996

[K. RAMASWAMY AND G.B. PATTANAIK, JJ.]

Constitution of India, 1950:

Articles 226, 136-Daily wagers on muster roll--l'aidfromfunds pro-vided by Central Government project completed and closed due to non-avail-ability of funds-Services dispensed with-Writ Petition-High Court order-ing re-engagement <if the employees-On appeal held: no vested right is ere-ated on temporary employment-Non-availability of vacancies-Courts to adopt pragmatic approach-Regularisation/Creation of posts cannot be direcied--Service Law-Regularisation.

D

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1538of1996.

From the Judgment and Order daled 9.3.93 of the Himachal Pradesh High Court in C. WP. No. 18 of 1992.

E

B. Dutta and Naresh K. Sharma for the appellant.

Devendra Singh for the Respondents.

The following Order of the Court was delivered :

F

Leave granted.

Heard Counsel on both sides.

The facts are that the respondent was engaged on daily wages on muster roll basis in Central Scheme and were paid out of the funds provided by the G Central Government. It is stated that after the scheme was closed their services were dispensed with. When the respondents filed the writ petition in the High Court, the High Court gave interim direction dated 6th January, 1993 and di-rected them to be re-engaged else where, Pursuant to the interim direction the writ petition came to be disposed of on March 9, 1993. Thus this appeal by H special leave.

H

. -(

'r

The appeal is allowed. No Costs.

Appeals allowed.

G.N.