April 04, 2002

‘7’

SUPREME COURT ON STATUS OF EMPLOYEES AS GOVERNMENT SERVANTS

    The Supreme Court of India has laid down criteria for the persons who can be called Government employees or servants of the State. In the judgement in State of Gujarat Vs. Raman Lal Keshav Lal Soni {(1983) 2 SCC 33}, a Constitution Bench of the apex court prescribed the following parameters to determine whether an employee is employee of the Government or not:

    "We do not purpose and indeed it is neither politic nor possible to lay down any definite test to determine when a persons may be said to hold a civil post under the Government. Several factors may indicate the relationship of master and servant. None may be conclusive. On the other hand, no single factor may be considered absolutely essential. The presence of all or some of the factors, such as, the right to select for appointment, the right to appoint, the right to terminate the employment, the right to take other disciplinary action, the right to prescribe the conditions of service, the nature of the duties performed by the employee, the right to control the employee’s manner and method of the work, the right to issue directions and the right to determine and the source from which wages or salary are paid and a host of such circumstances, may have to be considered to determine the existences of the relationship of master and servant. In each case, it is question of fact whether a person is a servant of the State or not."