Supreme Court sets aside Gauhati HC order on contract appointments

The Gauhati High Court itself had moved the apex court, aggrieved by the order of its division bench. The Supreme Court on Monday set aside an order of Gauhati High Court directing that three Additional Deputy Commissioners appointed on contract by the Arunachal Pradesh government with powers of Additional Sessions Judge be absorbed in regular service. Setting aside the High Court division bench’s order, a bench of Justices A K Sikri and Ashok Bhushan said, “…the said process was for appointment for a limited purpose, and that too on contract basis. Such kind of appointment, normally, would not confer any right of regularisation. It is stated at the cost of repetition that their service records were examined by the committee consisting of three High Court judges and on the said examination the committee was of the opinion that the writ petitioners were not entitled for appointment to the regular cadre of Higher Judicial Service.” The high court itself had moved the apex court, aggrieved by the order of its division bench. The apex court said that the high court ruling “also does not look the matter in proper perspective by observing that since the writ petitioners had worked for ten years approximately, as ad hoc judges, and since there was nothing on record to show that they were incompetent or corrupt in discharge of their judicial work, they should have been absorbed in the regular cadre…”

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