news details |
|
|
| Illegal Appointment Can't Be Protected: HC | | | Early Times Report
JAMMU, Aug 26: The High Court of Jammu & Kashmir and Ladakh at Jammu has ruled that illegal appointments cannot be shielded under equity or principles of natural justice, dismissing the petition of an Anganwari Helper from Kathua district who challenged her termination.
The petitioner, Geeta Devi, had been engaged as an Anganwari Helper in 2006 at Malti Centre, Billawar, Kathua, but was terminated in 2014 following a complaint before the State Vigilance Commission (SVC). The Commission found that she, along with three others, was appointed without advertisement, competition, or proper selection process, relying instead on a recommendation letter from a local MLA.
Justice Sanjay Dhar, while pronouncing judgment, upheld the Vigilance Commission's findings, observing that the petitioner's appointment was void ab initio. The Court made it clear that long years of service cannot validate an illegal entry into government service.
"Her engagement being illegal is nullity in the eyes of law. The petitioner has no legal right to remain on the post," the Court observed.
Citing several Supreme Court precedents, the Court stressed that fraudulent or backdoor appointments confer no rights, and hence, termination does not require a prior hearing.
Dismissing the writ petition, the Court held that the petitioner's continuance in service was merely due to an interim order and did not create any equity in her favour. With this, the High Court reinforced that clean recruitment practices must prevail over political recommendations and arbitrary appointments.
(JNF)
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
