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1 - 10 of 28 (0.32 seconds)Article 14 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Shripal vs Nagar Nigam, Ghaziabad on 12 September, 2023
13. As we have observed in both Jaggo (Supra) and Shripal
(Supra), outsourcing cannot become a convenient shield to
perpetuate precariousness and to sidestep fair engagement
practices where the work is inherently perennial. The
Commission's further contention that the appellants are not "full-
M/S. Kone Elevator India Pvt. Ltd vs State Of T.N. & Ors on 6 May, 2014
Soc. Ltd. vs. State of Tamil Nadu 2004 INSC 89.
Hussainbhai, Calicut vs Alath Factory Thozhilali ... on 28 July, 1978
(Emphasis added)
6.2. A conjoint reading of Dharangadhara Chemical Works (supra)
and Hussainbhai (supra) indicates that in order to establish an employer-
Dharam Singh And Others vs The State Of Uttar Pradesh on 9 March, 1962
7.1. Recently, a two-Judge Bench of the Hon'ble Supreme Court in
Dharam Singh and others vs. State of U.P. and another 2025 SCC OnLine SC
1735, speaking through Justice Vikram Nath, has held as follows:
Supreme Court Reports [1962] Supp.Dr. ... vs The Governing Body Of The Nalanda ... on 15 December, 1961
43. Normally, what is sought for by such temporary employees when they
approach the court, is the issue of a writ of mandamus directing the
employer, the State or its instrumentalities, to absorb them in permanent
NEHA
2026.04.23 13:57
I attest to the accuracy and integrity of this
document
Punjab and Haryana High Court,
Chandigarh
CWP-5684-2026; CWP-5766-2026
CWP-8371-2026 & CWP-10623-2026 -10-
service or to allow them to continue. In this context, the question arises
whether a mandamus could be issued in favour of such persons. At this
juncture, it will be proper to refer to the decision of the Constitution
Bench of this Court in Dr. Rai Shivendra Bahadur v. The Governing
Body of the Nalanda College [(1962) Supp. 2 SCR 144]. That case
arose out of a refusal to promote the writ petitioner therein as the
Principal of a college. This Court held that in order that a mandamus
may issue to compel the authorities to do something, it must be shown
that the statute imposes a legal duty on the authority and the aggrieved
party had a legal right under the statute or rule to enforce it. This
classical position continues and a mandamus could not be issued in
favour of the employees directing the Government to make them
permanent since the employees cannot show that they have an
enforceable legal right to be permanently absorbed or that the State
has a legal duty to make them permanent.
Madan Singh And Ors. Etc. vs State Of Haryana And Ors. on 17 March, 1988
(Emphasis added)
8.1. Recently, a two Judge bench of the Hon'ble Supreme Court in
Madan Singh vs. State of Haryana 2026 SCC OnLine SC 628, speaking
through Justice A.S. Chandurikar, held as follows:
State Of Orissa & Anr vs Mamata Mohanty on 9 February, 2011
9. Thus, the cumulative effect of Uma Devi(supra), Mamata
Mohanty (supra) and K.Jayaram (supra) is that the State or its
instrumentalities cannot offer public employment without engaging in a
transparent process that favours meritocracy, lest it may be construed as
backdoor entry. On that note, adverting to the facts of the present case, the
NEHA
2026.04.23 13:57
I attest to the accuracy and integrity of this
document
Punjab and Haryana High Court,
Chandigarh
CWP-5684-2026; CWP-5766-2026
CWP-8371-2026 & CWP-10623-2026 -18-
petitioners were appointed in furtherance of duly issued advertisements
(Annexure A-1 colly). The letters (Annexure A-1 colly) exchanged between
M/s S.S. Service Providers reflects that permission was granted by Khalsa
Senior Secondary School, Patiala to allow use of the school premises to
conduct a written test for recruiting clerical staff for respondent-PEPSU on
01.12.2013. Further, a type test was conducted for the posts of Data Entry
Operator-cum-Clerk, Assistant Cashier and Clerk at Thapar University, Patiala
on 19.06.2017. Pursuant to the same, a merit list was prepared and the eligible
candidates were invited for counselling. As a matter of fact, the medical fee of
Rs.100/- paid by petitioner-Rohi Ram was deposited in the account of
respondent-PEPSU, as also discernible from the receipt issued in the name of
the Managing Director thereof. Further still, the petitioners were engaged
against sanctioned posts and possessed the requisite qualifications to be
considered for regular appointment to the same.