The Hon’ble Supreme Court, on 17th October 2019, in the matter of The State Of Bihar & Ors. V. Devendra Sharma pronounced that once it is found that the very appointment in a public service is illegal and is non est in the eye of law, no statutory entitlement for salary or consequential rights of pension and other monetary benefits can arise.
The Hon’ble Supreme Court observed that:
Where the very root is non-existent, there cannot subsist a branch thereof in the shape of a claim to salary. The rights to salary, pension and other service benefits are entirely statutory in nature in public service. Therefore, these rights, including the right to salary, spring from a valid and legal appointment to the post. Once it is found that the very appointment is illegal and is non est in the eye of law, no statutory entitlement for salary or consequential rights of pension and other monetary benefits can arise. (Para 36)
Appointments made without any sanctioned post, without any advertisement giving opportunity to all eligible candidates to apply and seek public employment and without any method of recruitment are backdoor entries, an act of nepotism and favoritism and thus from any judicial standards cannot be said to be irregular appointments but are illegal appointments in wholly arbitrary process. (This inference has been drawn on the basis of Para 44)
Copy of judgement: Judgement_17-Oct-2019
-Adv. Tushar Kaushik