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The bench was of the opinion that a 'Sahayak' means a helper, which is a definite post in the Army, and the functions that are carried on, are a part of the functions and duties of the post.
A Supreme Court bench of CJI U.U. Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi, dismissed a Special Leave Petition (SLP) where directions to abolish 'Sahayak' system in the India Army, was sought for.
The counsel submitted that the practice of 'Sahayaks' being employed is questionable, and should be redressed. Further it was alleged that when the duties are advanced by the Jawans, the treatment given during the 'otherwise valid course of employment' is not appropriate. Also, that such dereliction attracts scrutiny.
Court after hearing the submissions of the counsel, first questioned the research so done for the alleged 'grievance', the reason to reach the conclusion, and then to approach the court for the same.
The bench was of the opinion that a 'Sahayak' means a helper, which is a definite post in the Army, and the functions that are carried on, are a part of the functions and duties of the post. And the allegations on the misuse of the 'Sahayak' system in the Army, requires more research on the process of induction and employment of Jawans to the posts. Court thus opined that the counsel did not do enough research on the issue.
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