C.K. Dubey S/O Shri K.K. Dubey, Loco ... vs Union Of India (Uoi) Through (The ... on 21 February, 2008
9. On the other hand, Learned Counsel of respondents Shri Saba Rehman contended that in December 2004 due to acute shortage of Loco Inspectors a decision was taken to deploy working Drivers on local temporary arrangement on the posts of Loco Inspectors. However, on option being called for a screening was conducted and a written examination to check their literacy level was held. However, no selection procedure, as required under the Rules has been followed, as such there is no positive act or procedure of selection took place. It is submitted that an ad hoc employee has no indefeasible right to be regularized and as in the proper selection held applicants having failed to qualify the written test, are not eligible to be promoted. A reference has been made to a decision of the Apex Court in Chandra Prakash Tiwari and Ors. v. Sakuntala Shukla, 2002 (3) SLJ SC 89 and also the decision of the Apex Court in Union of India and Ors. v. B.L. Sharma and Ors. 2005 (6) SLR (HC) 476.