New Delhi: The Supreme Court has issued notice on a petition filed by the Kerala Chief Secretary against a High Court order barring him from stabilizing temporary appointees in the government service. The Chief Secretary informed the Supreme Court that he was opposed to the order to implement the order without hearing his side. Counsel appearing for the Chief Secretary told the Supreme Court that he did not disagree with the spirit of the High Court judgment.
The High Court had directed the Chief Secretary to direct all departments within three weeks not to make temporary employees permanent. The High Court has stayed the stabilization of temporary employees in government institutions, government-controlled institutions, corporations and local bodies. The apex court had also held that the Constitutional Bench of the Supreme Court had ruled that a person could not claim confirmation on the ground that he had worked in a post for a long time.
However, senior advocate Jaideep Gupta, appearing for the chief secretary, told the apex court that the high court had directed that the order be implemented without hearing his side. This is creating a legal and administrative crisis. The lawyers also informed the court that they are not opposing other parts of the High Court judgment at present. Justices Indira Banerjee and V. Krishnan were given six weeks to respond to the opposing parties in the case. Approved by the Supreme Court Bench comprising Justice Ramasubramaniam. Senior Advocate Jaideep Gupta and Standing Councilor G Prakash appeared for the Chief Secretary.
The High Court dismissed a petition filed by two temporary employees seeking permanent appointment in the IHRD department.
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