# Santosh Kumar Khare v. Govind Ballabh Pant Social Sciences Institute, Allahabad and others

- **Citation:** (2003) 1 ILRA 105
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2003-01-10
- **Case number:** Civil Misc. Writ Petition No. 14820 of 1991
- **Bench:** Rakesh Tiwari
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/santosh-kumar-khare-v-govind-ballabh-pant-social-sciences-institute-allahabad-39873
- **Pages:** 3

## Headnote

Constitution
of
India,
Article
226-
Service Law- Regularisation Petitioner
engaged as Research Assistant/Filed
investigator- continued for long spell of
time w.e.f. 17.2.83 to 31.12.90- No
extension
granted
thereafter
appointment purely on temporary basis
in
particular
project-held
-
Regularisation can not be claimed-but
considering
his
experience
direction
issued to give appointment on priority
basis.
http://www.allahabadhighcourt.nic.in
106 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
Held- Para 10 & 11

It is settled law that when the posts are
created for purposes of the project and
the project is completed, the temporary
employees have no right to permanent
post in the project particularly when
their appointments were made for a
specified prior or till the completion of
the project. This Court cannot give any
direction to regularize their services on
abolition of the project nor give any
direction to create posts in the project.

In view of the above position of law, and
considering the request of the counsel
for the petitioner the writ petition is
disposed of with the direction to the
respondents that if there is any post in
any project under any scheme in which
the petitioner can be accommodated,
they may consider for his appointment, if
he applies for the same keeping in view
his training, qualification, experience
and eligibility required for the post.
Case law discussed:
2000 SCC (L &S) 377
1997 (5) SCC-86
1998 SCC (L&S) 478

## Text

http://www.allahabadhighcourt.nic.in
1All] Santosh Kumar Khare V. Govind Ballabh Pant Social Sciences Institute and others 105

Sl.
No.
Name of post and project
Duration
From To
Salary
1.
Research Investigator in Socio-Economic Profile of
Agricultural Labourers in Bundelkhand Region of U.P."
17.2.83
30.4.84
600/-
2.
Research Investigator in "Impact of Modern Industry in
Hill Region of U.P."
14.5.84
30.6.85
Do
3.
Research Assistant in "Social Forestry in Eastern UP and
Bundelkhand
1.7.85
30.6.85
1000/-
4.
Research Assistant in "Growth Differentials Between
Electrified and Non-electrified Villages A Case Study of
Three Selected District in U.P."
15.10.85
5.5.86
850/-
5.
Research Assistant in "Land Distribution in Amethi
Tehsil of Sultanpur District."
2.6.86
1.9.86
700/-
6.
Research Assistant in "Rural Outreach Programme
Sponsored by Ford Foundation"
2.9.86
31.12.87
1000/-
7.
Junior Instructor in "Development of Women and
Children of Rural Area"
1.10.88
31.12.88
Do
8.
Field Investigator in "A Study of Socio-Cultural
Processes and Inter Relationship in the Sugar Industry of
Uttar Pradesh
4.5.89
For 6
months
Do
9.
Research Investigator in "Evaluation of Adult Education
and Non-Formal Education Programme in U.P.
1.11.89
For 2
months
Do
10.
Do
1.1.90
10.1.90
Do
11.
Field Investigator in "A Study of Socio-Cultural Process
and Inter Relationship within Sugar Industry of U.P."
10.1.90
For 3
months
Do
12.
Do
9.4.90
30.4.90
Do
13.
Do
30.4.90
For 2
months
Do
14.
Research Investigator in "Evaluation of Adult Education
and Non Formal Education Programme in U.P."
1.7.90
For 3
months
Do
15.
Do
1.9.90
For 3
months
Do

*
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 10.1.2003

BEFORE
THE HON'BLE RAKESH TIWARI, J.

Civil Misc. Writ Petition No. 14820 of 1991

Santosh Kumar Khare
...Petitioner
Versus
Govind Ballabh Pant Social Sciences
Institute, Allahabad and others

 ...Opposite Parties

Counsel for the Petitioner:
Sri R.K. Jain
Sri L.C. Srivastava

Counsel for the Opposite Parties:
Sri Prakash Padia

Constitution
of
India,
Article
226-
Service Law- Regularisation Petitioner
engaged as Research Assistant/Filed
investigator- continued for long spell of
time w.e.f. 17.2.83 to 31.12.90- No
extension
granted
thereafter
appointment purely on temporary basis
in
particular
project-held
-
Regularisation can not be claimed-but
considering
his
experience
direction
issued to give appointment on priority
basis.
http://www.allahabadhighcourt.nic.in
106 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
Held- Para 10 & 11

It is settled law that when the posts are
created for purposes of the project and
the project is completed, the temporary
employees have no right to permanent
post in the project particularly when
their appointments were made for a
specified prior or till the completion of
the project. This Court cannot give any
direction to regularize their services on
abolition of the project nor give any
direction to create posts in the project.

In view of the above position of law, and
considering the request of the counsel
for the petitioner the writ petition is
disposed of with the direction to the
respondents that if there is any post in
any project under any scheme in which
the petitioner can be accommodated,
they may consider for his appointment, if
he applies for the same keeping in view
his training, qualification, experience
and eligibility required for the post.
Case law discussed:
2000 SCC (L &S) 377
1997 (5) SCC-86
1998 SCC (L&S) 478

(Delivered by Hon'ble Rakesh Tiwari, J.)

1. Heard the counsel for the parties
and perused the records.

2. This writ petition has been filed
for issuance of a writ in the nature of
mandamus directing the respondents to
give appointment to the petitioner as
Research Assistant/Research Investigator/
Field Investigator in any of its projects.

3. The brief facts of the case are that
the petitioner was appointed in Govind
Ballabh Pant Social Sciences Institute,
Allahabad on the following posts during
the periods mentioned against each post
on a consolidated salary.*

4. The appointment of the petitioner,
as stated above, was fully temporary and
for a specified. The chart given in
paragraph
3
itself
shows
that
the
petitioner was engaged in different
projects from time to time for a period
specified in the above chart.

5. In Jawahar Lal Nehru Krishi
Vishwa Vidyalaya, Jabalpur (M.P.) Vs.
Bal Kishan Soni and others (1997) 5
Supreme Court cases 86, the Apex Court
has held that the Staff employed in a
sponsored project cannot be regularized
and the posts under project could continue
only till the scheme existed. The Apex
Court in paragraph 3 for the aforesaid
judgment has further held that permanent
posts cannot be created under the
sponsored scheme and are coterminous
with the scheme. On abolition of the
scheme, the posts are necessarily stand
abolished and the employees could not be
claimed for their regularization.

6. In State of H.P. through the
Secretary Agriculture to the Government
of H.P. Shimla Vs. Nodha Ram and
others, 1998 Supreme Court Cases (L &
R) 478 the Apex Court has held that :

"When the project is completed and
closed due to non availability of funds,
the employees have to go along with its
closure. The High Court was not right in
giving the direction to regularize them or
to continue them in other places. No
vested right is created in temporary
employment. Directions cannot be given
to regularize their services in the absence
of any existing vacancies nor can
directions be given to the State to create
posts in a non-existing establishment. The
Court should adopt pragmatic approach in
giving directions. The directions would
http://www.allahabadhighcourt.nic.in
1All] Deoneria Cold Storage & Ice Factory V. Commissioner of Income Tax, Agra & others 107
amount
to
creating
of
posts
and
continuing them despite non availability
of the work. The directions issued by the
High
Court
are
absolutely
illegal
warranting
the
Supreme
Court's
interference."

7. Recently in Karnataka State
Coop. Apex Bank Ltd. Vs. & Y.S. Shetty
and others, 2000 Supreme Court cases
(L&S) 377, it has been held by the Apex
Court that the terms and conditions of
project and appointments are governed by
appointment letters and the agreements
entered by respondents and the employees
appointed under the project have no right
on the permanent post in the appellant
Bank
particularly
when
their
appointments were made for specified
project and as such their claim for being
absorbed as Assistant Managers was also
without any basis.

8. In Karnataka State Coop. Apex
Bank Ltd. (supra) the respondents,
however, pointed out that there were
certain posts against which they could be
accommodated and granted them liberty
to submit their representations to the
appellant Bank, for considering their case
keeping
in
view
their
training,
qualifications, experience and eligibility
for the said posts.

9. In the instant case, it is an
admitted fact that the petitioner has been
appointed for a specified period in the
project and has worked there till 31.12.90.
The counsel for the petitioner states that
looking to the training, qualifications,
experience
and
eligibility
of
the
petitioner, the institute may engage him in
any
project.
The
counsel
for
the
respondents states that the petitioner may
be permitted to make an application for
appointment in a project subject to
suitability, experience and eligibility as
required.

10. It is settled law that when the
posts are created for purposes of the
project and the project is completed, the
temporary employees have no right to
permanent post in the project particularly
when their appointments were made for a
specified prior or till the completion of
the project. This Court cannot give any
direction to regularize their services on
abolition of the project nor give any
direction to create posts in the project.

11. In view of the above position of
law, and considering the request of the
counsel for the petitioner the writ petition
is disposed of with the direction to the
respondents that if there is any post in any
project under any scheme in which the
petitioner can be accommodated, they
may consider for his appointment, if he
applies for the same keeping in view his
training, qualification, experience and
eligibility required for the post. No order
as to costs.
----------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 13.1.2003

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE PRAKASH KRISHNA, J.

Civil Misc. Writ Petition No. 494 of 1999

Doneria Cold Storage & Ice Factory

...Petitioner
Versus
Commissioner of Income Tax, Agra and
another

 ...Respondents

Counsel for the Petitioner:
Sri S.P. Gupta