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Supreme Court Of India

Hon’ble Judge(s):

M. R. Shah,
M. M. Sundresh
, JJ

Constitution of India , Art.311— Termination of service – Challenge as to – Petitioner appointed as driver on contractual basis – Appointment order provided that if another driver was appointed by selection process , then his appointment would be terminated – Tender process to award contract could not be completed and petitioner continued to render services on contractual basis for longer time – Subsequently, on award of contract to agency to provide services of drivers, service of petitioner was put to end – Merely because petitioner continued in service for longer period on contractual basis, order of regularisation cannot be passed more so, when policy decision was taken to avail services of driver by agency/contractor and that appointment of petitioner was not made after following any selection procedure – Appointment of petitioner was purely on stopgap and contractual basis – Order of High Court ordering regularisation and setting aside order putting services of petitioner to end, erroneous – Termination, proper.
AIROnline 2021 Bom 1934-ReversedAIROnline 2019 SC 1141-DistinguishedAIR 2018 SC 233-Distinguished(Paras6.16.2)

(Para 6.1


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