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Supreme Court of India 2019-10-17 allowed

THE STATE OF BIHAR vs DEVENDRA SHARMA

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

The State of Bihar appointed large numbers of employees to Class III and IV posts in its Health Department through unauthorized persons and without sanctioned posts, many on forged documents. After initial litigation, a committee re-examined these cases and found many appointments illegal. When employees challenged their termination, the High Court initially allowed their writ petitions but later set aside this order. The Supreme Court held that illegal appointments made without proper recruitment procedures cannot be regularized, even if employees have worked for many years. Appointments obtained through forged documents, nepotism or backdoor methods are void from inception and confer no statutory rights to salary, pension or benefits, regardless of length of service.

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Constitutional Law Administrative Law Public Employment Recruitment Wrongful Termination Article 142 - Curative Power

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