Published on: 11 August 2023 at 06:30 IST
Court: Supreme Court
Citation: Aravali Golf Club V. Chander Hass (2008)
Honourable Supreme Court of India has held that the creation of posts is not within the domain of judicial functions and it pertains to the executive. It is further held that the status of permanency cannot be granted by the Court where no such posts exist and that executive functions and powers with regard to the creation of posts cannot be arrogated by the courts.
15. The court cannot direct the creation of posts. Creation and sanction of posts is a prerogative of the executive or legislative authorities and the court cannot arrogate to itself this purely executive or legislative function, and direct creation of posts in any organisation. This Court has time and again pointed out that the creation of a post is an executive or legislative function and it involves economic factors. Hence the courts cannot take upon themselves the power of creation of a post.
Therefore, the directions given by the High Court and the first appellate court to create the posts of tractor driver and regularise the services of the respondents against the said posts cannot be sustained and are hereby set aside.
Drafted By Abhijit Mishra