Contract employee with Govt not 'servant': SC | india | Hindustan Times
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Contract employee with Govt not 'servant': SC

A person working with a government department on the basis of a contract cannot be said to be a 'government servant', the Supreme Court has ruled.

india Updated: Feb 05, 2006 10:04 IST

A person working with a government department on the basis of a contract cannot be said to be a 'government servant', the Supreme Court has ruled.

A Division Bench of Justice KG Balakrishnan and Justice GP Mathur set aside a judgment of the Bombay High Court which had held a contract employee as a 'government servant'.

Reversing an order of the Central Administrative Tribunal, Mumbai, the High Court had directed that respondent Girish Jayanti Lal Vaghela, working with the Government as a Drugs Inspector on a short term contract basis, be extended the benefit of age relaxation for recruitment to the same post on a regular basis.

"We are clearly of the opinion that Vaghela cannot be said to be a government servant as he was working on contract basis and, therefore, he was not eligible for any relaxation in upper age limit," the Bench said, allowing the UPSC appeal against the High Court order.

Terming the High Court's view as "clearly erroneous in law", the Bench endorsed the findings of the Tribunal which had held that Vaghela was not a government servant and, therefore, not eligible for relaxation in upper age limit.

The Bench agreed with the apex court's decision in State of Haryana Vs. Charanjit Singh that "where a person is employed under a contract, it is the contract which will govern the terms of contract of servants and not the rules framed under Articles 309 of the Constitution governing the conditions of service to the post on which he is employed.