February 08, 2010

“If an appointment is made illegally or irregularly, the same cannot be the basis of further appointment. An erroneous decision cannot be permitted to perpetuate further error to the detriment of the general welfare of the public or a considerable section of the public,” the SC observed while allowing the appeal, Union of India vs Kartick Chandra Mondal. In this case, some persons who were casual employees working in a government department between 1981 and 1983 were ordered to be re-engaged by the administrative tribunal.

The Calcutta high court upheld the order. The central government appealed to the Supreme Court arguing that they were not recruited through the employment exchange. The workers contended that several persons who had not come through the exchange were regularised.The SC stated that one illegality is not justification for another and it cannot be perpetuated.