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The Apex Court bench comprising of Justice Madan B Lokur, Justice S. Abdul Nazeer and Justice Deepak Gupta stated that in case of illegal or void ab initio appointments, the decision taken in Umadevi Case regarding the regularization of the same doesn’t hold good. The appeal filed against the Patna High Court Order by the State of Bihar was allowed by the Bench. The said order directed reinstatement of many employees in service in a primary health centre.
The Bench took upon itself to explain the Umadevi judgment and the intention of the Constitution Bench. It was observed that unless the appointments were legal and valid, i.e, made in terms of relevant rules, the same would not ensure his entitlement to the job or rights therewith. Like, as the Bench explained, “a temporary employee could not claim to be made permanent on the expiry of his term of employment or that merely because a temporary employee or a casual wage worker is continued beyond the term of his appointment, he would be entitled to be absorbed in regular service or made permanent…” The judgment of State of Karnataka v M.L. Kesari was also quoted.
While allowing the appeal, the bench appreciated the state’s efforts in collecting materials and data.
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