DIRECTOR, INSTITUTE OF MANAGEMENT DEVELOPMENT versus SMT. PUSHPA SRIVASTAVA

Citation: [1992] 3 S.C.R. 712 · Decided: 04-08-1992 · Supreme Court of India · Bench: L.M. SHARMA · Disposal: Disposed off

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
DIRECTOR, INSTITUTE OF MANAGEMENT DEVELOPMENT 
U.P. 
\. >-.....r-
v. 
SMT. PUSHPA SRIVASTAVA 
B 
AUGUST 4, 1992 
[L.M. SHARMA, S. MOHAN AND N. VENKATACHALA, JJ.J 
Civil Services : 
c 
Appointment purely on ad-hoc and on contractual basis-Person ap-
pointed from time to time-Right to remain in such post-Whether comes to 
on end on expiry of the period for which appointed. 
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The Respondent was appointed in the appellant-Institute on contract 
D 
basis initially for a period of three months. The appointment was purely 
ad hoc and was extended from time to time. At one stage she submitted 
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her resignation and the same was accepted. Despite this, she made a 
further request that her services may be continued for some more time, 
and she was appointed on a contractual basis as a Training Executive on 
a consolidated compensation. This appointment was also purely on ad hoc 
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basis, terminable without notice. 
However, a Committee of the appellant-Institute, which went into the 
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question of abolition of redundant posts, recommended the abolition of 
certain posts including the one held by the Respondent. The recommenda-
tion was accepted and the posts were abolished. The Respondent preferred -
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a Writ Petition before the High Court challenging the action of the appel-
lant-Institute. 
The High Court directed ttie arpellant-Institute to put back the 
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Respondent on duty on the post held by her and to regularise her services 
G within three months. 
The appellant-Institute preferred the present appeal by special leave 
against· the High C!>Drt's order, contending that the appointment of 
Respondent was purely on a{:i hoc basis and she had no right to continue ,_ ... 
in the post beyond six months for which period she was appointed; that 
H the appellant had to abolish the post because of financial constraints as 
712 
DIRECTOR, 1.M.D. v. SMT. PUSHPA (MOHAN, J.] 
713 
it wa~ tinding it difficult to disburse salary even to its regular employees; 
1A 
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and that the posts abolished were found to be redundant. 
Disposing of the appeal, this Court, 
HELD : 1.1. It is clear that where the appointment is contractual and 
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by emux of time the appointment comes to an end, the respondent could B 
have no right to continue in the post. (717-G] 
1.2. In the instant case, the appointment was purely ad hoc and on 
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a contractual basis for a limited period. Therefore, by expiry of the period 
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of six months, the right to remain in the post comes to an end. (719-D] 
I c 
Jacob M. Puthuparambil and ors. etc. etc. v. Kera/a Water Authority and 
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ors. etc. etc., (1990) 1 Suppl. SCR 562, distinguished. 
2. However, in the facts and circumstances of this case and taking 
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into consideration that the Respondent is already 41 years of age, it is ' D 
directed that the services of the Respondent may be continued till the end 
of this calender year on the same terms as spelt out in the appointment 
order dated 1.9.90. Of course, it would be open to the appellant to consider 
the regularisation of her services, should it so desire. In that event, this 
judgment will not stand in the way of such regularisation. [719G,H] 
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... 
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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2923 of 
y 
1992. 
From the Judgment and Order dated 30.11.1991 of the Allahabad 
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High Court in W.P. No. 1041 of 1991. 
F 
S. Muralidha~ for the Appellant. 
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R.F. Nariman and Ms. Meenakshi Arora, for the Respondent. 
The Judgment of the Court was delivered by 
MOHAN, J. Special leave granted. 
G 
The civil appeal is directed against the judgment and order of the 
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High Court of Allahabad, Lucknow Bench, Lucknow da~ed 30th Novem-
ber, 1991 rendered in Writ Petition No.1041 of 1991. It was filed by the1 
respondent in which the prayer was for a mandamus to the appellant-In-, H 
714 
SUPREME COURT REPORTS 
(1992] 3 S.C.R. 
A 
stitute to regularise the services of the respondent forthwith as Executive 
in the Institute of Management Development, Uttar Pradesh. 
B 
c 
The appellant is an Institute established inter alia with the object of 
undertaking applied scientific, industrial and management research, more 
particularly, in the field of applied sciences with the emphasis on technical 
management including production management, financial management, 
marketing management etc. It is an autonomous body. It is governed by 
the rules of the Association of the Institute. 
The respondent was first appointed in the appellant-Institute as

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