LexSHREENIDHI KUMAR & ORS. versus UNION OF INDIA & ORS.
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A B [2011] 15 (ADDL.) S.C.R. 404 SHREENIDHI KUMAR & ORS. v. UNION OF INDIA & ORS. (Civil Appeal No. 9893 of 2011) NOVEMBER 17, 2011 [R.M. LODHA AND H.L. GOKHALE, JJ.] SeNice Law: c Contract employment - Engagement of Subject Matter Experts (SMEs) in State of Bihar on contract basis for two years - Maximum age limit ranging from 37 to 42 years for different categories - Advertisement challenged as inconsistent with State Government Resolution dated 0 18.7.2007 which provided 65years as maximum age limit for c,ontract employment - HELD: Resolution dated 18. 7.2007 is applicable in a case of delay in regular employment against sanctioned posts and in a case of requirement of employees for short period i.e. for few days or few months - Such appointment has to be for a short period and in no case E exceeding one year - The period of employment exceeding 12 months will not be covered by the Resolution - In the instant case, engagement of SMEs was for a period of two years and it was not against any sanctioned posts and, as such, Resolution dated 18. 7.2007 was not applicable - As a F necessary corollary, the maximum age limit of 65 years provided in the Resolution is not available for employment exceeding one year in temporary schemes . The Department of Agriculture, Government of Bihar, G by an advertisement dated 13.6.2009 invited applications for employment on contract basis for 4062 post of Subject Matter Expert (SME) under the Krishi Prasar .'Sudharikaran' Vojna for a period of two years. The age limit put for different categories ranged from 37 to 42 H 404 SHREENIOHI KUMAR & ORS. v. UNION OF INDIA & 405 ORS. years. The said advertisement was challenged in a writ A petition before the High Court as inconsistent with the Resolution dated 18.7.20007 issued by the Personnel and Administrative Reforms Department, Govt. of Bihar which provided the maximum age limit for employment on contract basis as 65 years. The Single Judge of the High B Court directed the writ petitioners to approach the State Government. On such a representation, the Director, Department of Agriculture, Govt. of Bihar declined any alteration in age limit mentioned in the advertisement. The order of the Director was challenged in writ petitions c before the High Court. The Single Judge .of the High Court by order dated 13.8.2009 quashed the order of the Director and sent the matter back to the Agriculture Production Commissioner to pass fresh order as regards validity of the age limit clause in the advertisement and 0 to bring it in tune with the Resolution. However, meanwhile, the employment list of SME was finalised on 10.8.2009. The names of the appellants appeared in that list, but they were not given employment because of the order dated 13.08.2009 passed by the Single Judge. The appellants, therefore, challenged the order of the single E Judge in a Letters Patent Appeal before the Division Bench of the High Court, which dismissed the appeal holding that by finalisation of the Employment List dated 10.8.2009 no vested right accrued in favour of the appellants. F Disposing of the appeal, the Court Held: 1.1. The Resolution dated 187.2007 provides for procedure and guidelines for employment on contract basis in two contingencies, namely, (i) in a case of delay G in regular employment against the sanctioned posts, but such appointment has to be for a short period and in no case, exceeding cine year; and (ii) in case of requirement of the employees to work for short period in temporary schemes, i.e. for few days or for few months; it cannot H 406 SUPREME COURT REPORTS [2011] 15 (ADDL.) S.C.R. A be few years. The employment period of 'two' years is little long to constitute 'short period' contemplated in para 2(2) of the Resolution. The period of employment in temporary schemes exceeding 12 months, thus, will not be covered by the Resolution. As a necessary corollary, B the maximum age limit of 65 years provided in para 2(8) of the Resolution is not available for employment exceeding one year in the temporary schemes. Any other view will be against all norms of public employment. [para 13] [411-G-H; 412-A·D] c 1.2. Insofar as the advertisement for appointment of SME to 4062 posts on contract basis under the Vojna is concerned, the employment period is for maximum two years. The Director was, thus, right when he observed in his order that the Resolution provi
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