The Supreme Court of India has clarified that, its Judgment in Secretary, State of Karnataka vs. Uma Devi has not prohibited the State from giving weightage for the service rendered by employees where services were used by the State either temporarily or on adhoc bases, including daily wage basis, irrespective of the regularity of their initial entry into the service. Apex Court bench comprising of Justices J. Chelameswar and Abhay Manohar Sapre made this pertinent observation in Sachivalaya Dainik Vetan Bhogi Karamchari Union, Jaipur VS. State Of Rajasthan.
NO PROHIBITION IN GIVING WEIGHTAGE TO SERVICE RENDERED BY TEMPORARY/DAILY WAGES EMPLOYEES
Explaining the dictum laid down in Uma Devi’s case, the Court observed: “Inspite of a pointed question, the learned counsel for the first respondent could not point out anything in Uma Devi's judgment which either dealt with or prohibited the State from giving weightage for the service rendered by employees where services were used by the State either temporarily or on adhoc bases (including daily wage basis) irrespective of the regularity of their initial entry into the service. All that this Court declared in Uma Devis' case is that such people cannot claim to be appointed automatically on the ground that their services were utilised on temporary basis for considerably long periods.”
Setting aside the Division Bench Judgment, the Court held: “We are of the opinion that the Division Bench was in error in coming to the conclusion that in view of Uma Devi's judgment, the settlement recorded by the High Court in its order dated 28.1.2003 become unenforceable. We do not see any basis in law for such a conclusion. Uma Devi (supra) only dealt with in relation to the execution and regularisation of temporary and adhoc service without any reference to any law. Uma Devi never dealt with a validity of the judicial order which had attained finality.”
The Court allowing the appeal, also held that members of the Employees Union are also entitled for some weightage for the past service rendered by them.
Read the Judgment here.