Over 2 lakh Indian cases. Search powered by Google!

Case Details

DR.P.VALSALA versus THE DIRECTOR (PERSONNEL)

High Court of Madras

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Dr.P.Valsala v. The Director (Personnel) - W.A. No. 60 of 2005 [2005] RD-TN 17 (7 January 2005)



IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07/01/2005

CORAM

THE HONOURABLE MR.MARKANDEY KATJU, THE CHIEF JUSTICE AND

THE HONOURABLE MR. JUSTICE D.MURUGESAN W.A. No. 60 of 2005

Dr.P.Valsala ... Appellant -Vs-

1. The Director (Personnel),

Corporate Office,

Neyveli Lignite Corporation Ltd.,

Neyveli.

2. The Chief General Superintendent (Medical),

General Hospital,

Neyveli Lignite Corporation Ltd.,

Neyveli-607 803. ... Respondents Prayer: Appeal under clause 15 of the Letters Patent against the order of this Court in WPMP No.42844 of 2004 in W.P. No.35569 of 2004 dated 22.12.2004.

For appellant :: Mr.M.Jaichandran

For Respondent :: ---

:JUDGMENT



(Judgment of the Court was delivered by

The Hon'ble Chief Justice.)

This writ appeal has been filed against the impugned judgment of the learned single Judge dated 22.12.2004.

2. Heard the learned counsel for the appellant.

3. The appellant had been given an appointment for three years as Senior Resident on 28.10.1995 in the respondent Corporation. The last contract appointment was on 30.11.2001 for three years. Learned counsel for the appellant submitted that the appellant should be allowed to continue.

4. We are afraid we cannot issue any such direction. The appellant was being given contract appointment for three years at a time. The appellant cannot claim that she was a permanent appointee. In service jurisprudence it is well settled that while a permanent appointee has a right to the post, a temporary appointee has no right to the post vide State of U.P. v. Kaushal Kishore Shukla (1991(1) SCC 691). Under the general category of temporary appointee there are several subcategories e.g. casual appointee, daily wage appointee, ad hoc appointee, contract appointee etc. These are all sub-categories of the general category of a temporary appointee and it is well settled that a temporary appointee has no right to the post. Since the appellant is not a permanent appointee she cannot claim any right to continue in the post. Hence we cannot issue any such direction as prayed for by the appellant.

5. However, we direct that any application which the appellant makes or has already made for continuance as Senior Resident will be considered by the respondents at an early date. With this direction, the writ appeal is disposed off. Consequently WAMP No.94 of 2005 is closed. Index: Yes.

Internet: Yes.

ns.

To

1. The Director (Personnel),

Corporate Office,

Neyveli Lignite Corporation Ltd., Neyveli.

2. The Chief General Superintendent (Medical),

General Hospital,

Neyveli Lignite Corporation Ltd., Neyveli-607 803. 


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.