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CASE NO.: Appeal (civil)  4224 of 2006

PETITIONER: VIDYAVARDHAKA SANGHA & ANR.                         

RESPONDENT: Y.D. DESHPANDE & ORS.                               

DATE OF JUDGMENT: 21/09/2006

BENCH: Dr.AR.LAKSHMANAN & TARUN CHATTERJEE

JUDGMENT: J U D G M E N T  (Arising out of SLP(C) No.16412 of 2005)

CIVIL APPEAL NO.4225 OF 2006 (Arising out of SLP(C) No.16418 of 2005)

VIDYAVARDHAKA SANGHA & ANR.                        .....APPELLANT(S)

                                                VERSUS

S.K. JOSHI & ORS.                                ....RESPONDENT(S)

Dr.AR.LAKSHMANAN, J.

       Leave granted.         Heard Mr.S.N.Bhat, learned counsel appearing on behalf of the  appellants and Mrs.K.Sarada Devi, learned counsel appearing on behalf of  the respondents.           Civil Appeal No.4224/2006 arising out of SLP(C) No.16412 of 2005  and  Civil Appeal No.4225/2006 arising out of SLP(C) No.16418/2005 were  filed against the final common judgment dt.15.6.2005 of the Division Bench  of the High Court of Karnataka at Bangalore in Writ Appeal Nos.2807/2002  and 2808/2002.  We have also perused the judgment in these appeals and  also the appointment order and other relevant records.  The appointment  order appointing the respective respondents herein clearly show that the  respondents were appointed in the prescribed scale on temporary basis  for the academic year ending on 31st March, 1993 and subject to the  approval by the Education Department.  The appointment order further  states that the services of the temporary employees may be terminated by  the management at any time without assigning any reason and without  giving any prior notice.  This appointment order was issued to  Y.D.Deshpande (respondent No.1 in SLP(C) No.16412/2005).  Another  appointment order was issued by the management pursuant to the  Resolution of the management in its meeting dt.11.08.1991.  The  respondent No.1 in SLP(C) No.16418/2005 (S.K.Joshi) was appointed as  Assistant Teacher in the school in question on consolidated salary of  Rs.400/- per month and on contract basis.  The appointment order also  further states that the appointment was upto the end of academic year  10.4.1992.  It is not in dispute that when the approval of the Government  was sought the Government did not approve the appointment for the  additional post.  It is also not in dispute that the appellants’ institution    is  run on the basis of grant-in-aid by the Government.  The services of the  respondents were terminated in the year 2001 and the respondents without

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availing the alternative remedy available under the law straightway filed  the Writ Petitions in the High Court which were allowed by the learned  Single Judge and also on appeal by the management the same was  affirmed by the Division Bench of the High Court.           It is now well-settled principle of law that the appointment made on  probation/ad hoc basis for a specific period of time comes to an end by  efflux of time and the person holding such post can have no right to  continue on the post.  In the instant case as noticed above, the respective  respondents have accepted the appointment including the terms and  conditions stipulated in the appointment orders and joined the posts in  question and continued on the said post for some years.  The respondents  having accepted the terms and conditions stipulated in the appointment  order and allowed the period for which they were appointed to have been  elapsed by efflux of time, they are not now permitted to turn their back and  say that their  appointments could not be terminated on the basis of their  appointment letters nor they could be treated as temporary employee or  on contract basis.  The submission made by the learned counsel for the  respondents to the said effect has no merit and is, therefore, liable to be  rejected.  It is also well-settled law by several other decisions of this Court  that appointment on ad hoc basis/temporary basis comes to an end by  efflux of time and persons holding such post have no right to continue on  the post and ask for regularisation  etc.           For the foregoing reasons, the Civil Appeals stand  allowed and the  judgments passed by the High Court in Writ Appeal Nos.2807/2002  and  2808/2002 and in Writ Petitions are set aside.  No costs.