Central Administrative Tribunal - Mumbai
Bandopant Balu Kamble vs M/O Finance on 25 November, 2019
Mt f wey 3 £ Os' perk, NAL is z a = fata boon g Hi Di Zz, feted ws foot << s oe be fo. jai Ce t ' : N TBA! * Xe aL 2 ~ 95.11.2019 ™ + MAR, MEMBER(A) tr fe R PIFAYAU RAVI a DER KAUR, MEMBER (J) V MUMBAI BENCH i Date of Decision ORIGINAL APPLICATION No. §5/2012 « * CORAM. Mae RO GY eo wo Co el ae 4 tod oe oe} i ued ~& io ALS ryking wa Wi % +e DOUs oe OO ot $9; Fs cl cot > rea oO Ss bf aed #24 Ba 3 a ae Oo a Applicants as: ie « & fy ket ~ fot Tey : § ea Ea bef Be i j j ree me ord am '© - 8 ory % cA be cr a = oO 4S ™ aa Ty 43 te a a S iss: fey «sed ON Qs rel oe ee oan ba Oe ha txt ee of got Oy Gs elo OD eds cot ope SS. 'Bp nt * ag ky $a 2 0 O14 bes 2D @ @ 2 @ a ot ES 3 ity a $e cy 3 - C2 * Mel ON i i) mae a 4 O Ch > Se On Bri bf 7 Bort As ee) 33 WO @ iD CG o B+ Wow os 3 ea be Tho ed O ee ts ed 2 cy sf eed god OD ore ES Oy BY i Ne Oy sored 6 Ee qj WS Q @ i ro sed ONS bond mt mae OENE emt ital Cao Bylo te rf Ch a bed "Ey eS eS AS ha Or G Ah = ris ig cy 83 is en) ee re cee mh Med OG Pees ee Qe o Yel Ets hoe OD Ya (Goo es Oo mG [eae he @ C3 Oot Or 5 Wo a AY be @ i ba pe ee a Ae) wip toda Mm OOO ah oy 6 ~ of ee oF eee hae ct phd Gh 44 G43 T ht et Bt ced 4 4 @ Oy 1G ad LD. 44 a Dy is OF BO pd aha pet Qe Ak ee a +3 rae Cook qb $3 ERG Sa bd ® yas oad * S ® fe QD ti G mt D eee 1) G vt fs Gel Y gs am it Oy ed e m Ors Rs Oo Bas wy ede Te ie GG Woes Se Se bee cot oe PA Woe Wad Mee "ef by ky Go Orr be Ey. ma bf ocet BS EAS OO hos oa Leone Sy et oe OG oe SOO by be Ma Ep oe uy ee ag SEEN GP UT EE ES ea ca OM Ow SS a ub om DO oe ot oe a 2 Dr BF GW Dy Oo OD Mo Oy ret OG CEO 8 OQ. Gyr 0G ed fa mM O Ow Deets Of) 0, Cyc tet Oh 3 EG $4 et Ter # AG ee OO oS & wh Pes tet * kA web G r a + a GS oe] ced SG GOs B Qos + Og SO Eset - W « OG @ M4 Fe rd 6 1 6 eM UB od vo ut. & eed UY eed eee Bork Oho dot MOB fp ra te © oy ee ee ee BEE BE Ee eet 3 OO Oo © 0 Om O mM 0 OD mM vt Mt OG O Ch gros. oS Gy GHG © WO OM se cet D6 OW OO @ et or ee (2 8 Op th oo Re RS LA Be OR GO ke mG 4 WO Be eR Mm to oO} SE) Bo oe ba (2 fe ms 3 SS OS fa x co a % an, uy ALD fv. Co) BO 04 NO S520) 2 tok L Unio Chis: Aaya ley Pune 2 ommissioner of Income Tax- Kolhapur "Aayakar Bhavan, Ba fCe2, BE Ward, Tarabai Park, Kolhapur - 416 003. 3. Om Ganesh Typing & 4@r0x Center Through its Proprietor Mr. Desai having address at 333, ''E' Prabhakar Plaza Gala N. Beb.G.- 7, Station Road, Kolhapur - 416 001. » Respondents (By Advocate Shri NK. Rajpurohit} Reserved on: 12.02.2019 Pronounced on: 25 (1° 2919 ORDER PER: RAVINDER KAUR, MEMBER(J)
The applicants have filed the present OA acs oe: AN ~ er ww Rs ms ee s aeow + g ww} ve x under Section iS of the Administrative Tribunals "S(a) This Hon'ble Tribunal may he pleased to call for the records and proceedings of the case and after going through the same. be pleased to order and direct the Respondents to reeularize the Applicants' services from thelr Initial dates of appointment with all consequential benefits.
8b) This Hon'ble Tribunal may be pleased to hold and declare that the Applicunts are entitled to be placed in regular scale of pay wel. thelr initial dete of appointment or any other date as his Hon'ble Tribunal 4 may deem fit and necessary and that the Applicants are entified to arreare of salary and fixation of pes, consegnuent thereto.
Se) This Hon'ble Tribunal may be pleased to hold and declare that the Applicants are entitled to connt their whole service wef. their Initial date of appointment as qualifving Service for the purpose of pension and other retirement benefits, Sid} This Hon'ble Tribunal be ple: ased to hold and declare that the erantine of work of Sweeping to Respondent No. 3 is illegal and wrong and be pleased to direct the Respondent to discontinue the contract of Respondent No. 3 if any.
Sie} Any other and further orders as this. Hon ie "Tribunal may deem fit, proper and necessary in the facts and circumstances of the case;
8() Cost of this Original Application be provided for"
4 Ine Applicants are seeking regularisation of their services from the initial dates of their appointment Ae. 18.01.2012 with all consequential benefits, it is elaimed by the applicants that after clearing intery' they had joined the office of Commissioner of Income tax - ana ~If at Kolapur as Sweeners on daily wages/contract basis and have been enoaged continually till filing of present GA as on 18.01.2012, they have relied upon Annex A-i, the chart showing their service particulars i.e. the date of joining ete. Annex A-E is the Rd has Foe ON RN SS i a Sty oo orm Adminsitrative Officer, Incomes Tax Office -~- f= Rajaram Dhondiba Chouguis. It is claimed that yy Q ae @ 3 » 44 in oy w an & se) 6 Co * ha oy ( og wt oD - 2 OQ cl 3S ee 6 AS 4 @ O 4 ved a SQ eed ba 4 O bed Qo 3) 44 o as be red 42 Si Sy 4 ny « 3 ' KS w ig ce a) G 3) "4 @Q ual sel ve ia © ae fe us I a gs ad 1 fn 4) @ ont ut a3 6 Re z 4 mn @
2 3 ny o $5 Ba 3 3 vd @ ard ma o & 3 wet G m el o at 4 a any Sd $3 es ia $3 ie ° a : "4 sy 5 ard is) ef wy @ ei Ch P se rd rs a a a 58 o« ge OO Ie Be BQ rm 8 BG a o 6 Hw o Be Be ee n OB oo § a oD Poe 2 Ff ep & & 6 8 6 2 wm 2 8 FB v ved ve oe au a * o 43 mS & $4 a ot "4 Me 6
a) wd nl ; Ry ch Ch $4 Ao 4 as hy GQ a oO os ua oy, ee 4 ve G M4 © is: Bp 4 Hs "rod 4 oO 4 6 eo . ~ a Aa @ :
wy mk aS Boog 6 S 8 © Oo "ed fats ig sy eo Ree 3 v 3 Q @ G yous © Oa rs "
iy) 4 od Q " me 4 oy a 5 oA o Cy, a oy ! xg ty ® ie i wn) G & 4 . a i Ml rm 4a £4 B ce gd 3 32 @ fo r€ we hes "4 od o 63 a) oo Do ea Go G a G 9 8 a «¢ 3 a & & OG Bod & a ® Boos yy 8 o , 2 red Aad os wn a o GB bs ce wg oe 5 ee Q tr 43 be * 7 a) ie 4 @ p 3 ce) O + 4 i S a f wot Ch oj | nad oj 2 ha Gh 43 Ma ci @ CG wc te) : co ch QO ts Bo » 8 §& § € @ 8 G 2 eg OU Bs é am Og a OR Ce eg ae Soo aS Ry a ) 3 a Ee $4 , ® he) w L. ti 3 5 moo 2 rf ed a cs @ bd Cs i ' 6 et Ae "3 a good fs oo OS oO a3 SRE ee ee ee Oo 6 © 2 ag os CO, ord _ ee 03 fe AD iu i a GS & 43 G | oh o& oc a 8 6 6 Oo 7 ye 8 m% 8 8 9 wt ~ © at 6 # x» SS mo 2 8 Co oS 2 5 go fa oO " "A He CS wo it 2 "sd : fo 2 Oo hy ci b hs 7 w® pt GO oO ao Fay wz @ c SS Ch ao © ~ 4 . a Gg ag aa a ae Ge in Re a vel a 43 © Sat iH oe go me we ee ee 1 Sc & Oo © g SO eo go Sp OR al eS 4 5 a % Be 2 Go : ms is a # UM Q 4 en ry rn o 2 ct 4 co > nm § a 4 + uy 4 uy 3 <3 u) © Go Go pp Go % re © oO re m . ge a ms e wD a 43 6 Be GR tm Epos go 2 a Q vy Go 0 Ee Gos @ Dp ee = oO 2 4 ey y Sed Sy ca C 4a 8 a as 3 ) to ™ ay 4 uy " py :
ats a e Cc *5 wd Qo gy FE o eo od 7 $3 4 td fn ae i & S Q O 2d a a 3 Bed | @ S el "ed @ a a3 Ch oe on pas $3 © ro ged Oo a © be vr be 2A "eg a oe a oa @ w va tf © 44 6 wD Oy @ 6 ha 43 £} g 5 84 @ 44 Y wd 43 io) ve wy Cy a "4 x cd Oy 85 ha wD Ged a 63 i 44 ip o3 aS sod 43 $4 ro: re: Q wD Ay * i = #3 oO ce o£ $3 a oO :s] fet on re oe 3 43 G it G ; £5 Semec d ae a Alig 4 oad a ws when Aes i ia aed be ah edt Lak Be wht AS eg ord claim me a Bis) et an aC eo ft Ost ees ge } 4 oy ah W oe od Ge 43 gy aa as Wes mm SAYS Net ek q cs eS o ved ae ca a . CQ a 4 36 O, 3H a gee we Q: . oy w ch Me a He ot. Ae a $3 Oo O che iD 3 QO a Q w i 4 a mt oD cha O 4) 4 o oH C Ee) <3 + 3 Q a ved om B a 43 hy wy iy « is "4 8 rs ff a 4) sa , o a . e bb ey C3 C3 ws ht a Sf 133 ee th i wD CG @ a hy ¢ o oy ed Sh; a 43 wn o a CB bs rat sa o cy by . * oS am 4 ned ey rd eo a O is 4d wo a "st mi 43 ct gay a 4 re a Y Q si, GF mS , re O Po yy Q Go ced G in w co ee Q, So HO OM tJ ee v ce © & fs es rs ge im mg @ 2) ¢ 4 © vant a4 : " ry nooo ou OE O 8 8 " ao eh GS AD eG @ a f 4 a i el Uw ee A } b4 " a ned ca 2 4 en ' if ie Sa a 3 wt a 2 @ 2 iS fey 3 : io ;
sh a rot oj Co a bo oS ay i Cs e 3 Wh a tH & $4 rs @ © ie 3 Bo ob 43 @ % Oo & 4) oo or 0 5S a a 4 3 try O 33 2 a 4) t) 2 "eh B Bo « 2B eo @ Fg dd 3 & v G my Sed : 4 oO g 7 a oe) v ; ioe ort e i ay wn ; . th p bet ~ iD . me € ue td iS #1 . & wy es o wo s ea $2 Oo oo Ag oC @ w 43 a a 2 my O @ a Oy m3 " a 42 w M cy @ 0, ts fy a A is C 7 a oH £3 4 © w rst 6 OQ ce 4 es Sa w i we seed cy . 4 Co $4 a C3 cs On i s a G3 i L ooo» UG 5 @ ow Oya oa 4) go GO i 4 @ ie) 43 , eA : i v3 md te ft a q a os PB 5 gg 8 8 ' > @ © & & a Be Q od Bh ee gy % pee PE @ 4 oo i 4 " Bote « Go @ ° Gm & ao @ & B 4g re Q oc Hy Os mi 's a a es y w Sg a w a Gl @ Boo Bo Gg & Fo RM = foe f a ® . - y o . ~ a iw ea ue a mM oy, oo © a t& BB £ oO --@ £4 @ S § & es a) oe @ be fa G mg mb oS 43 4 $A zi a cs ie ty me Soca C a G os «G $e oa nm 6 no i oe os ; «a § & » 8 » 8 FT py 8 o 8 by Me 4 © 6 8S wo & 8 -- @ fs , 6 CC & & © BP yg 2 Y w py a BS es a Bie eh CO Mw oO 43 Pe £3 @ 43 @ $3 ay ih vod 3 43 % e qo aa - bn Q a A es gp & 2 v ioe gs 5 S pw Bs @ oh: © i ee Sd oe Oy a oO co oe an no ee cA be ee (2) a acd fo ve ~ ot © Qo se eS * os 8 BP» Qg + 4d i < vy oy uy ved i) ee wy ey Me 4a wi ty 4a 3 ae) ce be be ™ z Q a3 O,. Ft a sf inf oe ct *@ "4 : a 3 @ . af a wD wD oO is o | id a e i Mm OM G 4 sa i oy Oy we} ged a ord aed ~ a S ie ha vee 4 vay] oS '
x) Qo @ a o ie Ad 43 a eS © wa FB Dd $3 S Q:
4 $4 ed Bo a Q Pe te = aa OO 3 3 th @ 4 a) $4 S bghe oa a o wy SH % 3 ms CO Bs CA a 2 6 ms w OH td OS go 6S @ Be od © ra uy = oa i tf eo ved 'a us ~ os ed ) "4 6 "A {) Es er} Bie Gy t ka eh oe) outsourcing of | 1 be "P ty a decisios N, vey a "4 ot © ae) a wy and "ee .
aa :
Wh oO aS @ * ad Qe} ty M 5 Act G3 "f 3 @ ot to
s) fs cf 1 oe t Cl o a jy 4 SS yet 3 £43) WS 2 be :
. a eRe 4a fed iQ BS @ 6s wD ADS 2 oh 3 ved el sel G4 TS:
iD ent OA.
ee Soa tee bel es t eer Auek €& o cs ider an co a ad ey ha th ae make th % & Ft ee en a ~ ators ee ee thy wed he2 ants "
respond ' * the ing <
4.
Lott ea Cea yr.
g ae safo be x e Da 5 MY Was o> sament as € ¥ wreres SEVA oS oyees ERESS ber x ny by x s om ke < £ 'ga oe a oplic x et 3 Las ae 7 Hus 4 a
e) aye 1 4 4 eo Uy by xed had o 33 bet Q @B "4 (he ee ® wha AD + tet Me ay bh 4 ice) wo ad ae ¥ ; o on eye 4 Goo ee BG © & & © E ow + > Bord oF oe 5 HO : Bis Oo oD @ Wo & ' 43 oe & a Ge 228 oC BoP Sg ' oS sc & x 2 po ge G +4 a0) bd Gt Ags oy 2 o4 ete) : ms ran : Bees . : oN Rat 0 w S ' QB fs 3 ee s oe " AG .
a3 {B ry of am bey Th ia ad i 3 : ot os peoge et oes oS 4B tb 4 vil we G . & bo oF bp & 8 FF SC uM wm FF Ei oe + ps . ood ao ' - mg & te Si Be 1 § p ;
: te es OQ, Ww $2 ey tS jo if oa a fF oe is o #3 3 : gs et nae 2 «5 eh : 2 4 a 64 we! i eA cs By a aa a el 0 (3 44 2 is, mw a 6 AeA ao & t 6 eg 9 S aOR po a fy fy e BD 3 my "At aS = OS cs "4 3 4 "4 oc £ § 8 @ & Oe & el Q cd wm 8 ; G3 : : 0 = 3 $3 Ay * mS 4 G 2 3 yO "54 A oy - peek a oy oo Wo 8 3 Dp i ay @ 4 43 ue) ty aa Ch es cs ve $y ; a 63 = oO be oo iA «i ct ey a os ' bed "3 : gt hey ES a 4 o : B £5 a: eee oe ne fed coe ot cs va os 3 Se 4 ry, 4 bey a heed iS Sl bay S M OQ ' rt Q O x ro oO poe a w Stee w ae _ ® Oe fs i ae iG es HM bn S ge: Wy i s 2 so 8 © ek | oa 8 g = Ss os Gi ge o Go 4 ® ty @ o el & Pa 3 oe ri fs Co O "¢4 e it ha G a) S e & = oe "a rd e OQ wed Es el ys ch it Pel 5 a Se ko co y 4 :
C hel a GO gone cs ent ¢ id Q OF ' Seat 13 iG e a So 8 ig Ae 13 a ao , ok e ee ee: gy al : wo | . Es 0 -- & E = © 8 8 & moog a oe m Y y G 8 4A a ®B £ @ 8 © 2 8b BE 2 Bs & Hl el B & @ 8 8 ov ad. @ Gy QB oa "2 @ Gre & es eh oe is "4 in oe ' BS - € 6 Go 2 & cog "Yo og oF wo 8g a z: _ * a a, 3 u eee : i ou 2 = oe © 8 & & Be » os = = bg eo § 8 D oo a) : 4 4 w id tr be wn ga & > : mS n 4 go Bs on a a a re) e ag o ea oe © @} v a ot me 43 a) o a wd ag a mf '1 eR = a ae oe re xt ot i ng oh st Wey @ cy toy aa <x Ef os a a .
" o "1 a bef va 1G oo - 64 "es oh vty er oe ae Si fo ee v2 bp @ 8 os a 2 Go 2 oe a ® 2 3 Aad seg wt ey ed as Gb ct op is s eo ocd ee; 3 3 ed 2s o 4 Oo gy a) o iQ 4 gt * * wis eh 2% a pooh 3 yhed. a Ld E3 tet Pe 35 6 . s) ed oes ws wk Hey a eet ci oy rod tm Nowe ooh het "eH : cy iB & S Oo ff R : + et a te i ef = bed a a» egy Fe ' 4 43 a a ' oe 5 ' i i :
a x oa : © os 6 a a 0 u . ze 4 fe & S an ip « 5 u 4 o vel : % a gs Dk a ow 8 @ 8 6 » @& o & 3 32 So oa Se ¢ Gi me in Oy iB cs : ei eG Rays = 2 &) ot ms wy "etten anal op : oA Bed 4 a eed a o, vies & ? ae ss 6h 96) 4 ped Sf g Be ech yh 5 ey $o-3 aby 3 ; Ke is a : Psp ay 4S "4 $4 4: O23, iy 3 aes © 5 D 2 oO oa iy apy
- i 433 ay ; a we ig * a ony oe fy oO a 8 8 6 AB 8 i Qo 5 Ses hh iy cs ~ f "
yp ee G @ or a oO @ os | : . Co GC DP © HB © ~ mM H Bb Bw e@ Bg eg sg 2 © &§ & 8 es Oy m4 ip $s) iii @ cs a Fat Be "3 mt Ay nM CG ay 12 sed > 6 ey pYe 4 Q x @ be % a 3 ed ic and aa fi " oi $3 @ rn 2 Co ih os og x 6 od 'A . Oo a os o SG = % @ 8 | Aa o % mH WW 2 "eS ue Bey res g Y} xy 1 uy ws " $4 Co 3 iB 43 ' <3 4 C3 el & cs) ee eo & @ % ON gf U8 "i Z i ct © ah é Ae os C4 be c a ie 4 % a ; w od & i os a : Y fa % \ 73 w uy Q ml a A ed @ v4 , J ws 4 we " ce } oe is m5 ~e-4 "gp O iy AQ ef +3 4 : a og 5 uy > ba "4 ed % GC <e$ fd @ - 3 om sh bed » a) od cok os nH 4d Ea io] w Og J ce B@ @ » 8 © & © @ 6 8 cd 2 FF © 6 § 1o2 = aed <3 i ® w ant ee cl ved ea 4 a a et 25 wt x cS S Os oe " © 6 ww» %§ # 6 eo : | ee Cs 6 @& & Yo Oo -o 9 8 a2 ob SB 2 8 Oo 8 Bo. w u) Sf @ Sa is « oe a o % 43 gS "A t oO aa ee o 3 ae ; 43 in Oh 2 " Q wo ) ne) fey al u4 2 o 1 oO 4 ed 43 44 + mS oO) Q wy 4 ct : OQ eo M% 9 & @ c Hop By om "8 pw fe a ae ed ai C oO s o i o 44 og 4 c i iS g mt s 65 3, oe % Os ty Q oe 0 Sa i as a G s : : ty 7 Lo gt $4 re " 4 & Ci wy 6 wy a 4 Gi o g @ a 8 O i a © o ' ' Lf a a 4 oO $3 w 44 ia x a co a a a 3 Q 3 oO A he We o f> a3 sed me ss es df im 3 cs ed i f 43 es & iA ted Ba it 43 ied ir) 4.4 @ 4 bs a cs i) i a) : Go ro ne es bd os ff pg 8 8 BS oe " "6 & m 6 © » of So Bk > 3 Soo @ & 4a & 8 BS 8 6¢ F © © o me a @ @ i Qos ) es r4 @ 5 rd "4 ao "a a g ep oy Wo O ee a G3 w mo OR eo 4 3 OM OG oy se] ; te a o 2D ~ 5 wd oH Qe is on o a e a = "et i 8 8 es "A © e 9 & © @2@ & B&B D 9 e 8 an st iy se hy $3 Oy Te @ py ; +3 feat i} we bs ) a 34 oo 5 5 8 ow w , 8 hk 2 9 8 rio Ms gS 2 6 Ce G a cs a 2 a ' to a nm & oO, eet ay -- wr bod a iy : ong: 4 3 hes ie] O o wy ee it Y KS on is) es i ch 6s 3 a £3 44 : ; * Ja ; i res eo SS c ~ ~ -- © @} op a : a © o o a 5 0 4 Pg Oo ~ 6 YP © 2» 8 2 8 E om Re PG 44 as (3 in eo QO (6 Cy cn i 12 a c * wn O Y eas CO cS w {3 m4 ; al Bert we . '. So Dp Ja a ny y yD a 3 yy id 5 'st a a oo a 4 wy o co) oO Be PA ef wh ot a o * a 2 i ee cs 3 th Ee bs re be ' y ae a 4 rt ® 4 5a : 3 * C3 oe z " oat os a wd wy 6D e & a U v in i Bs iF xe wo 6 : +3 on € @ , : 4 . D a "4 : : ts in ' a a oo a 2 @ BS e i 7s 3 ve a «rd go @ % o vet rod G 1? 0 a re v : L Sy a oy iH eB oO el g et Lf 5 6) 4 a A Sto eS © CG GG & @ 5 42 BB 8 @ 6B v ry O & SB DPD & & f 6 & 6 ~@ § 4 »p &@ & OQ 4 Gg H @ GQ fF 2 8 "
mao oe 6@ 8 8 F & © S&B 8 & QD Od NO. 52012 in operation and as such the applicants who have being paid to the regular employecs. In support of his contention, learned counsel for the applicant has relied upon the judgment of Hon'ble Boex Court in the cass of State of Haryana & Ors vs Plara Sineh & Ors. (1992) 3 SCC LIS whereby on tne Lssue Of reqularizatior OF ad-
hoc/temporary Government Emeloyses, it was heid that "those eligihle and qualifying and continuing in service satisfactory for long period have a right to be considered for regularization, Long continuance in service gives rise fo @ presumption about need for a regular post In case of long continuance in service, presumption for regular need of service would ablige appointing authority concerned to consider with positive mind feasibility of regularization" .
13. Tk is submitted that the apolicants who have worked for a substantial period with the respondents cannot be thrown out of the publics service and Union of India needs to act as a and thereafter to regularize thelr services in 13 CA NG SS2612 view of the sudgment of Hon'ble Apex Court in the case of Piara Singh (supra). The applicants have further agitated that the engagement of Respondent no. 3 is illegal as the Respondents had not issued any advertisement nor invited tenders to this effect i4. On the other hand, learned counsel for the respondents has argued that after cadre restructuring in duly, 2001, the post of Group 'py! have been abolished by a conscious decision Commission report, the Group 'D' employees were absorbed in Group °C* cadre. Group 'D' posts are no more surviving. Further that in September, 2011, directions were received from CRDT, New Nelhi to discontinue individual contracts for cleaning and sweeping and to outsource these eg ga ae aay Renerer career' x 3 ; 4 ' services through contracta and it is uncer fee he coy ee ee oo af - ey 5 ee es these circumstances che Services were qursourced to Respondent no. 3. Further, that apolicants cannot be regularized. It is further argued that the similarly situated employees Aad O11 tt OQ 5 fo aoproached this Tribunal vid NO. 622/ xt ont ae ty W x 1 s Umadeyi and a € case of Secretary, State Of Karnataka and Offers v Ofhers, (2006) 4 scc i and Official Liquidator vs Dayanand reported in (2008) J @sScc] Singh {supra} Plara Of oO Court in its Pe ig BELeESe Be Re Lous consi a.
Nae' by o 43 web i vgeeh 44 @ veh co 43 a 9;
wo a ther EME & ay oot OS i 2 Q wc yo ae.
A ea rime ey on Seat a particule as @ uration + ck a a:
Lcants app CoO the given AD O4 NO S3/2012 x is. Learned coun for the applicant ha in submitted that the judgment of Hon'ble Apex Court in the case of PBPiara Singhi(supra) still holds gcod and the same has mot been overruled by othe Hon'ble Apex Court in the case of 4 t further argued that as held by teh hon'ble Apex not be replaced by another ad-hoc or temporary employee, he must be replaced only 4 by a regularly selected employee so as te avoid the arbitrary ection on the part of thre appointing authority. On this aspect, Learned counsel for the respondents has argued that the Hon'ble Apex Ceurt in the case of Umadevi (surra) hag discussed its judgment in the case of Biara Singh (supra) in vara =0 and has drawn our attention to certain relevant cbservations made therein in respect of its own judgment in the case of Piara Singh (supra). He has further submitted that in view of the circumstances ae x at ae ee ey x 4 a Paros eee aiden referred above, the OA is lacking in merit and qo a ce Goh i) ot.
| oc 8 3 .
ed © ae n es :
3 o 4 O % ml es Y 13 O : D " 1 4 a i Ee :
oO ih 63 e % @ 43 .
4 wot aed 4 mt et @ " cH 2 rt} oF a ze we @ ie) Gs . of O c G a O Gok GO fe o ee ae w 6 38 aw Y @ Q Q 0 rie oo © Mo 4 by s o : v oy oy o « &§ 2 SS es . hs 4 3 1G ' oe 4 YD 4 w a © E fe OS ie Oo. 68 ac po 8 S gp & @ eB Eo Sg go og 8 QO a © & G oo a BG be Bs G4 5 2 8 ee $ = ny Ad Oy . oe ce on 12 ae Cy 44 : ai cd a oy OX :
oy v4 © © w uy ie 1 : Do o el red GS. 7 OR ae fed £O ss * neck oe hy & C <f} cy \ 5 w me q@ wy ot pas oS ye} £3 ig we, we bos 3 O rt o ' a Geo SB Mi co | " Gy a } A f 4 = © 8 fe Go ; a oO B® oe UO B68 Os, oe e ee z v & 5 3 ; ® wo «oo 2 ; 4 - : m4 i 2 D _ @ 5 ts} : - - Bi et eet iy (3 ¥ af ei 3 BS soo e Soe 2s (ee 8: : fe x a ee : we! oe Fed As A : : ey , Sg & ae 6 44 ) ' eS ce) is) a3 ved : a ah am 6 a @ Gh uy Be $ ¥ cS wy & : CY a £ 4 oa © ; "c= a 4 : 4 ie oD a wv ri ae $3 af oP @ Dp og & 3 @ oe aa bg 4 oO : nel cal e ' ja 3, Go ood mao @Q e: md PH Oi e ©O w @ ; ne 3 4 i) ix be oS : ie 4 a; ry ce) es < re gee CS on ~ a? CY @ a . QO gS = a in a 3 od Be m4 * D oO hd "0s ng GD | Soe 8 8 2 & ge & Boe @ & og 8 6 eo » ® so 8 8 . 48 o & fo 8 po 8 ; 5s 8 -- @ O a ' 43 1 © bo Bg a apy iD : aa i) Bs, f tp { C 'in: A } i ig 5 med 3a @ es, od : ' 64 oy G hy a i EE "e 3 {pg tf 3 ff] wm rd ia 44 mh a) to ey ' a © oo @ ard 4 £3 cod 3D Aa M4 Fa, ee ae ig ed ef ® 4 43 a tr as oe uv 2 ce ie mo s ok of * ro acd jt wees 4b ss G a - £4 QD 3 ey o~ on 4 ; me ' 43 oO 4 os 45 zed @ a rab ay a 6 i i o a '4 o & 2 8 a 8 © & 2 oo a Hf 8 x : " os nt ;
n © 5 4B ed go 8 2 o 8 8 aos 5 o f Bs 0 oo ee O oo c 4 Pe oO Q G Q ae Ge > SS 33 w to Oo ned a , a QD, cc ~e Go gy me Sg 8 8 eB : 68 8 oo eR . os gS eS no £ a m0 Oo 8B @ os oO eh, fa acd ; a fa 0 43 Ch, "ot rt x wpee 16) ! 4 is > i O 4a ee a ae = at 3 # Fy 4 An co bes - oe : 2 ay 0 RB og Ss & «68 & vk got fe i & © EE . os ry, v i 8) o uy : ce Ss a na C @ uy 4 wg & Be} wd i J. 7 Gd NO S320)?
ro) they were doing is that earlier they were doing under the respondents and now thoudt with the respondents but through outsource agency i.€, Respondent No.
3. However, it eal ngwaeee been denied by the applicants that they had been on contractual appointment with the Official Respondents from tims to time, The applicants have relied upon ANNEX A-1 containing the dates of joining of gach of the applicant with the respondents, however, this is not an authenticated document. No official dscument to this effect has basen placed on record any document that they were given temporary employment as claimed by then.
They have only placed oan record Annexure A-2 x ' Sean eo aes oy et oO ey
1.@. the Character Certificate dated 25.0 cry "Ft eZ ma jock finct of applicant No. 2 , Ratarm Dhondiba Chougale which is reproduced as under -
"CHARACTER CERTIFICATE This is to certify that T personally know Shri Rajaram Dhondiba Chougule, resident of 128-KG, Ramarampuri, Shivaji University Road, Kolhapur from last 4 years. He is working in the office of Commissioner of income-Tax-I, Kolhapur as Daily Wage Worker. He is found to be sincere & hard worker. He bears Good Moral Character.
This certificate is issued on the request of Shri Rajaram ne F only With cate = O4 NO.SS ee g « ae i hey 3 cert certificate work & Ad ae eet er Ae we harac:
basis.
dents a TE 18 Xo wt a LEAaMI ily 4 B. « « Cc mh 26.08 respor ae we + * ol On ance the above s + On *, hat an £ # WR ondents cy At issued iT} Se oh Dhondiba Chougule."
res x 2
15. the 8 wor w as iD a ae o Sry B 2 8 ' : Ss Spec Ss be 6 . s MF a tr Ys Ps Be MD Bw ( o & G6 Go & oot 8 us iz x %S o e * acd aS at cs a Ws *g g Sot oS s. Ge 44 td a 43 A et wy 43 o . ' 4) 43 7) 3 p s) B @ wo» ts a n <4 Sa fd ts : 43 fs te) ved as a 3 x Oy gy 4) a g = us es ee 4 2 ri ow g dt th st Or at eo QB wy " io i Pao © Oi od Co Go ce O ' a oe wed 43 = C3 od mn @ rl i J a 4 w 2 ' "
Sj oy we "3 4 : wy CG ard ee eA Ws 2 ~ 4 S s ae 8 eB 4 4 OG fe oo eo Gc. Oo. 8 o O 2» > ye Too ee " ® Oo wo o ; @ & vo Fb "rf mo Mg Da ~ ee © 7% Pe "~ 5 Bs 3 ® © @ a & | sed gs Y a eo © La? 4 z ay eq; ia vert rhs of > ¢ & a Bg 5 8 og Be Po o 5 da 44 Wa . 5 be 5 43 og at Sef ¢ 6 tt ; w © Yo S Oo. Fog vent : ee ay fe. aa "4 ES as 44 oop 1d ry to ey ws 4a a us) aa ahs bt & if a : i 0 wD ti oo '6 0 & 6B oo ag Q Bo yoo Oo 8 q "ef 2 & a 8 > os 8 % 3 a s iG in 2 3 : on 4 y sf O ug 43 +5 % ch, . ea a iB Q Hee 8 Gs Be Osos. Meg eBlog ee oe @ , & © Bo oe Oe a OM OC 8 6h U68lU "
G eg mo SO . om UM Ooo ge i" © a O i hy w s 43 ay ' 4 @ id nf 5, o 4 Cc ced e he 3 < w oe ~ zB oy ' e , an ty g a ed Oo OF ny bok OF os Oo: 8 mo eo Oo A © a <q Mg ee a > & 8 {8 Boy rl Oo Og Be ~ 2 rr oe eo BO ap OD ee
a) oa bd "C4 a B my ¢ 43 Q i oD t 4 m PF 6 bh gg 19 - o Of @ yp» 8 © a La O $4 ran & Te 43 2 is aS GO Gq od CH 4 oO ba j Cy og od & abet o: a ar| 2 th & wy iS e G @ " i 5 | 6 o 6 3 - Do MB et tc er Ww B a 2 | PA p © @ gs &§ H 8B wt 6M 8. bo » G§ F & as boy Se 8B «4 ist e a 6 ot D @ SR yy 5 ie G a 8 0 FF He oe go el Oe OG 19 O4 NO S3CGI2 nothing more the same. The "respondents have also during the course of arguments drawn out attention CG Annex A-3, the memorandum dated 62.12.1998 whereby the services of applicant No. 2 for the WOLK Of sweeping and maintaining cleanliness were hired wW.e.f 4 93.12.19 fOr a period of 6 months to. be 4g Ey ih i renewed in case his work was found Satisfactory.
AS per Annex A-3, the services of the applicant given to applicant No. 1 for a period of 6 Ned cad months which cotld be renewed if his performance ay was found satisfactory. Clause S$. of the memorandum clearly finds mention that he was ' stractual basis and he is neither i Hired on co % } entitled for "any Govt service nor for any benefits that a govt servant entails. These terms ane conditions of the contract were accepted by the applicant/s voluntarily.
20, The contention of the applicants that Group 'D' posts have not been abolished. but instead converted to Multi Tasking Staff has Oh fees cf ft ot been repelled by the respondents a brought to our notice that the Govt of India es ww SE
0. ol g0l2 r.
J 1 N¢ a o hed ey « ar w Cy Gs wy w wy ed "
oO 8 RS Boe ee eo ew fb Gb FE f 3G oF 8 8 . £4, sy ae . ea te 2 6 © mo G @ z H th a . it ; iy 43 < yp 33 ry 3 4 Th wo a " Med ba +» me Ch, Bard 4 ce = 42 fo gt oe ee a & 9 yg S& tt 8 a O Goon eB Ge «4 0 @ 4 # oS O Bo Bowe Q S o OU Y fg e 0 a © te 3) i : ao AS @ a w. fs & Pe o oO. :
a Oo 2.9 BD ve fg HH » © © 8 © 8 & 5S §& ® 2 4 ow ae N n ae mn 4 oe oD bet oe G os 0 QO. i o os 4 GO oom 2 2 & © FS © & © &©@ HF , a Sa £6 #8 & & a ved boy i ec G8 4 Oo MM i © Gg o @ " § BB & @ rd w a & " iy Q be "A 13 - oF M uh : _f Me B Cy, o oe kg @ & os . re aS So re g =: © eo iS Qo oe Q@ -& 4 oe fg v , 2 GU @ 4 Ge 8 ®t Oo 4 GG * -- ft Oo oF - 2 oR ee OG FF BS $3 a be aa : wy 2 Oo : a ho by & ct 2 th Q es itt Fp ai 43 a6: ky a Co rf a st : KI $4 ca i Wy oe 4 : " ay O 5 é £3 @ 4d 0 a @ e Ba pt a 6 a w * * cy D O +3 ah = Soa * QO = & io G bes @ Wd o 4 2 i G ve a i tng in ee te = a ee re AOS 4 5 1¢ oy sf tm isa 2 ia 8) wo : be 3 eh i 2) Se g 8 ioe 8 oe 8. o og § 4 og ; fF wm mw Fs G So 2 8 fF fs n x @ 2g 2 © H &€ 8 0 " i Oo Boe @o Rg O ge wm & ge 88 ot mr wn f 4 - a Bs w ° - € a) a iy $4 ad aw) ag = cy "rd 44 a a Gj w @ uy O g 1G w yp Sj a oO. . 43 mg ey M eo OG Q 1 + ed OQ O O :
oe bp 8 mg ooo dog © es - Uw & oo »@ a £ o Oo 4 © 9 & 8 Bao ~ O© op oe RF bf Be Be oe oc 8 © so goo & og Mo ow oO gf Be 38 I 38 fo o¢ po a & Y eo 8 ee 8 ope eo a -t ' " ts 4 , a) w ins ea = "et st in o 5 g oe wn 3 & ae) ds 3 e a OG gy Oo OG» Ga eS gy ge CE ae Ss po 8 we oe, Boos bp 8 ; © B G "ef 05 Hw 4 5 o Qo a bed @ e os c o te : 4 ro Be Boon | S yp Oo Bg ' 5 Oo We G4 8 Bl © i : Gog Oo 5 a 5 g i i 3 Ch, Go of 3 C ot of © it Eel oo a e pe a a ip 8 SG Oo gee 32 3 C a Boo a aS 2 HS ria! oo & oe re thd Co st OQ, =e4 ' a a ae wu wh a wD fa O ha O Hoo 8 ee 8 Ge As 9 « 2 5 ° @ 8 8 8 eg fs " el Gi sed cm q 3 2 3 e .
@ eB Pood es a % a 8 = Boas ee ; 0 og 8 5 Z o hed Bay ct $ 3 @ 6 fa : 44s mn c ve Gg @ &s ~ ee f ry ty G os a @ rn es De to} a ce 5 my i wy 4 O Q Dp oo. 8 Be 8 Bs 2 8 8 08 © & a a GC Ef of & aod ok . ' o Om Bb 2 Bh gg cs o A ' 6s 6 & © w oe hay 5 eg r 5 Aa Oy Gy rh i (bh op Bb 8B Bg RN @ 8 f a 3 oO 8 6© & 8 21 Od NO55/2012 abolished but they are harping on the fact that apolicants are working as Sweeper and Watchman continuously either with the official respondents or with the outsourced Agency.
x vide memo Annex A-3 that the services of the applicants were engaged temporarily on contract basis, the applicants are relying upon the Judgment of Hon'ble Annex Court in the case of Plara Singh wherein it is observed Chat an ad-
by another ad-hoe or temporary employee; he must Soy x aforesaid --
5, udgment however though we fully agree fo} with the said judgment and the observations made im para 46, however, the same are not applicable to the facts and circumstances of the present os < ~~: ie case, as when che aroresaia Judgment was aa delivered the Grom "DY posts were still 22 OA NO.55/2012 appointed ad-hoc for a period stipulated under.
eS pasts and cs Oo SS ct by Qu C3 cr Ot Hes] oh Q % ch es ih SB ou CO fe ob fa ct fede O mS © ty (4 px a5 per the directions from CBDT, New Delhi in cleaning and Sweeping were discontinued and are being outsourced through are contractor. We have carefully gone through para 260 of the judgment z a ¥ referred above which reads as under:-
i " 20. We may now consider State of Haryana Vs. Piara Singh and Others [1992) 3 SCR 826 J. There, the court was considering the sustainability of certain directions is sued by the High Court in the light of various orders passed by the State for the adOSOrption af its ad hee or temporary employees and daily wagers ar casual labour This Court started éy saying:
"Ordinarily speaking, the creation and abolition of a post is the Prerogative of the Executive. It is the Executive again ther lays down the conditions of service subject, of course, to a law made by the appropriate legislanre This power to prescribe the conditions of service can he exercised either by making rules under thepraviso to Article 309 of the Constitution or {in the absence of such rules) oy issued rulesiinstructions in exercise of HS executive power The court comes into the picture only to ensure observance of fundamental rights, statutory provisions, rules and other instructions. if any governing the conditions oF service" a This Court then referred to some of the earlier decisions of this Court while stating:
"The main concern of the court In such matters is to ensure the rule of law and to see that the Executive acts fairly and gives a Jair deal to its employees consistent with the requirements af Articles 14 and 16, Ht also means that the State should not exploit is employees nor shauld it seek to take advaniase of the helplessness and misery of either the unemployed persans or the employees, ax the case may he. As is often said, the State must he @ model employer If is for this reason, it is held that equal pay must be given for equal work, which is indoed one of the directive principles of the Constitution. it is for this very reason it is held that a person should not he kept in @ temporary or ad hoc status for long. Where g femporary or ad hoc appoiniment is continued 33 Od NO. 5572032 for long the court presumes that there is need and warrant jor a regular post and accordingly directs regularization, While all the situations in which the court mav act to ensure fairness cannot he detailed here, it is sufficient to indicate that the guiding principles are the ones stated above."
This Court then concluded in paragraphs 43 to 50:
"Lhe normal rule, of course, is regular recruitment through the prescribed agency but exigencies of administration may sometimes call for an ad hoc or temporary appointment to be made, In such a situation, effort should always be to replace such an adhociteniporary employee by a regularly selected employee as early as possible. Such a temporary exiplayee may also compele along with others for sueh regular selection'appointment. If he gets selected. well and Rood, but if he does not, he must give way to the regularly selected candidate. fhe appointment of the regularly selected candidate cannot be withheld or kept in abevance jor the sake of such an ad hac/temparary employee.
Secondly, an ad hee or temporary employee should not be replaced by another ad hoc or temporary employee; he must be replaced only by a regularlyselected employee, This is necessary fo avoid arbitrary action on the part of the appointing authority Thirdly even where an ad hoc ar lemiporaryvenplovment is necessitated on account of the exigencies of administration, he should ordinarily be drawnjrom the employment exchange unless Hu cannot brook delay inwhich case the pressing cause prust be stated on the file. If no candidate is available or is not sponsored by the employment exchange, some appropriate methodconsistent with the requirements of Article 16 shouid be Jollowed. In other words, there must be a noticepublished in the appropriate manner calling forapplications and all those who apply bt response 2 thereto should be considered fairly.
An unqualified person ought to be appointed onivwhen qualified Persons are not available thraugh the above processes.
if for any reason, an ad hoc or temporary employeeis continued for a fatrly long spell, the authorities must consider his case jor regularization provided he iseligihle and qualified according to the rules and his service record is satisfactory and his appointment does notrun counter to the reservation policy of the State"
With respect, why should the State he allowed to depart from the normal rule and indulge in temporary exiplayment in permanent posts? fhis Court, in cour view, is bound ta insist on the State ho oe making regular and proper recruitments and is hound not to encourage or shut its eyes to the persistent iransgression of the rulesof regular recruitment. The direction ta make permanent ~- the distinction between regularization and making permanent, Wes not emphasised here --~ can anly encourage the State, the model employer, to flout its own rules and would confer tadue henefits on a few at the cost of may wailing to compete. With respect, the direction made in paregraph 50 of Plara Singh (supra) are to some extent inconsistent with the conclusion i | paragraph 45 therein. With great respect, it appears to us that the last of the directions clearly runs counter to the conshtutional scheme of employment recognized in the earlier part of the decision. Really, it cannot besaid that this decision has laid down the law that all ad hoe, temporary or casual emplovees ensaved without following the regular recruitment procedure should be made permanent, oC .
In View of the abave referr ie) rm Paes he observations made by Hon'ble Apex Court) case of Uma Devilsupra), the contention of tha w yoy Shas jew See b et. oe 4 % Soe SPL icancts that ad-hoc cannot be replaced by ad-
oo Bet Sh ye Pree er $04 : = ae ¥ atcer tne 6 CPC. Therefore, the BoOplicants who are/worked admittedly ad-hoc/contractual employees cannot be replaced by reguiariy Selected amployees as on data in view of the Gevelopment which took place subsequent to the 7 a ea Jucgment an fh tne case of Piara Singh (supra).
OS NO. 53/2032National Ferti. & Ors vs Somvir Singh(2006) 5 SCC 493 has made the followine ~ observations in para 18:
"Reguiarisation, furthermore, is not a made of appointment. If appoiniment is made without following the Rules, the same being a nullity the question of confirmation of an emplavee upon the expiry of the purported period of probation would nok arise The Constitution Bench in Umadevi (sup a} made a detailed survey of the case laws operating in the fleld."'
23. The Hon'ble High Court at MUMBAT in wp at * NO. 2149/2012 al.
iS 2 t sO©.)0CU dealt) o6with©= 6 othe) identical aanc of Hon'ble $ BT Hs ie33 ioe iB O cL By $33 fea bet be ~ i 5x5 3 Co 9 wo ot:
hy iD se Co €3 wo 3S Apex Court in the case of Umadevy?! jer of this Banch of the Tribunal on ey w fet Q a ct ey o a i 2 @ be a OA NO.320/2006 and OA No. 569/2008 to 572/2008 "a ae we fee me © making the following observations in para ig respectively:-
"28. it may be that the respondents were recommended by the Employment Exchange "pan requisitions made by the petitioners. In fact the requisition itself indicates that the vacancies for which the requisitions are called are temporary but are likely to be continued beyond one vear The respondents were thus appointed and continued to work in vacancies which are temporary in nature, The vacancies continued to be temporary for years together in which vacancy the respondents worked. Later on, as indicated earlier the employees were engaged through a contractor. The respondents in effect seek a direction that these temporary vacancies which have continued as such for so long number af years may be treated as permanent posts thereby regularising their services in these posts. We are afraid that it is not possible for us to direct the respondents to treat these TeINPOFGIY VACGHCIES as permanent sanctioned posts. The respondents contended that there is an emplayeremployee relationship hetween the petifioners and the respondents and that the contractor is appointed only to deprive the respondents the benefits of regularization. In view of the law laid down by the Apex Court in the case of Umadevi, once we come to the conclusion that the appointment of the respondents are Rot against vacant sanctioned posts, the question of regularization of their services in accordance with the directions contained in para 53 of Umadevi's case does not arise."
24. The Hon'ble Apex Court in the case of a the following ¢ Umadevi(suora) has also mad:
observations:
"2. A sovereign government, considering the economic situation in the country and the work to be got done, js not precluded from making temporary appointments or engaging workers on daily wages. Golng by a law newly enacted, The Nationa! Rural Employment Guaranice Act, 2005, the object is ta give employment to st least one member of a family for hundred days In an year, on paying wages as fixed under that Act. But, a regular process of recruitment or appolntment has to be resorted fo, when regular vecancies in posts, at a particular point of time, are to be filled un and the filling up of those vacancies cannot be done im a haphazard manner or based on patronage or other considerations. Regular anpaintment must be the rule.
3. But, sometimes this process is not adhered to and the Constitutional scheme of public employment is by yepassed. The Union, the States, their departments and instrumentalities have resorted to irregular appointments, especially in the lower tungs of the service, without reference to the duty to ensure a proper appointment procedure through the Public Service Comumission or otherwise as per the rules adopted and to permit these irregular apneintees or those appointed on contract or on daily wages, to continue vear after year, thus, keeping out those who are qualified to apply for the post concerned and depriving them of an opportunity to compete for the post. It has also led to persons who get employed, without the following of a regular 'procedure or even through the backdoor or on daily wages, approaching Courts, Seeking directions te make them permanent in their posts and to prevent regular recruitment to the concemed . posts. Courts have not always kept the legal aspects in mind and have occasionally even stayed the regular process of employment being set in motion and in Same cases, even directed that these ills gal, 'irregular or improper entrants be absorbed into service. A clase of employment whieh can only be called 'Htigious employment', has risen like a phoents seriously impairing the constitutional scheme. Such orders are passed apparently in exercise of the wide powers under Article 226 of the Constitution of India. Wh ether the wide powers under Article 226 of the Constitution is ieended to be used for @ purpose certain to defeat the concept of social justice and equal opportuni ity for all, subject to alfimmative action in the matter of public employment as re cognized by our Constitution, has to be seriously pondered over, It j ig time, thet Courts desist fram issuing orders preventing regular selection or recruitment at the instance of such persons and from } issuing directions for continuance of those who have not secured regular appointments as per procedure established. The passing of orders for continuance, tends to defeat the very Constitutional keleme of public employment it has to be Od NOS3/20}2 emphasized that th e role envisaged for High Courts in the scheme of things ahd the r wide powers under Article 226 of the Constitution of India are not intended to be used for the purpose of perpetuating "legalities, irregularities or improprieties or for scuttling the whole scheme of public emp! Ninent. Its role as the sentinel and as the guardian of equal rights protection should not be forgotten.
4. This Court has also on occasions issued directions which could not be said to be consistent with the Constitutional scheme of public employment. Such directions are issued presumably on the basis of equitable considerations or individualization of justice, The question arises, equity to whom? Equity for the handful of people who have approached the Court with a claim, or equity for the teeming millions of this country seeking employment and seeking a fair opportunity for competing for employment? When one side of the coin js considered, the other side of the coin, has also to be considered and the way open to any court of law ar justice, is to adhere to the law as laid dawn by the Constitution and not to make directions, which at times, even if do ROL fin counter fo the Constitutional scheme, certainly tend to water down the Constitutional requirements, It is this conflict that is refl ected in these cases referred to the Constitution Bench,
10. In addition to the equality clause represented by Article 14 of the Constitution, Article 16 has specifically provided for equality of Opportunity in matters of public employment. Buttressing these fundamental rights, Article 309 provides that subject to the provisions of the Constitution, Acts of the legislature may regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of a State. In view -- of the interpretation placed on Article 12 of the Constitution by 'this Court, obviously, these principles also govern the inatrumentalities that come within the purview of Article 12 of the Constitution. With a view to make the procedure for selection fair, the Constitution by Article 315 has also created a Public Service Commission for the Union and Public Service Commissions for the States. Article 320 deals with the functions of Public Service Commissions and mandates consultation with the Commission on all matters rela ting to methods of recruitment to civil services and for civil posts and other related tatters. As a part of the affirmative action recognized by Article 16 of the Constitution, Article 335 provides for special consideration in the matter of claims of the members of the scheduled castes and scheduled tribes for employment. The States have made Acts, Rules or Regulations for implementing the above constitutional guarantees and any recruitment to the service in the State or in the Union is governed by such Acts, Rules and Regulations. The Constitution does not envisage any employment outside this constitutional scheme and without following the requirements set down therein.
TS. siithiteeneencelf the annointment itself is in infraction of the rules or if it is in violation of the provisions of the Constihuion, illegality cannot be regularized, "Ratification or regularization is possible of an act which is within the power and province of the authority, but there has been seme non-: Od NO.55/20 12
KS compliance with procedure or Imanner which does not go to the root of the appointment. Regularization cannot be said io be a mode of recruitment, To accede to such a proposition would be to introduce a new head of appointment in deflance of niles or it may have the effect of setting at naught the nues."
In BN. Nagarajan & Ors. Vs. State af Karnataka & Ors. [19793 3 SCR 937], this court clearly held that the words "regular" or "regularization" do not connote permanence and cannot be construed SO as to Convey an idea of the nature of tenure of appointments. They are terms caleulated to condone any procedural irregularities and are meant to cure only such defects ag are attributable to methodology followed in making the appointments, This court emphasized that when rules framed under Article 309 of the Constitution of India are in force, no regularization is permissible in exercise of the executive powers of the Government under Article 162 of the Constitution in contravention of the rules. These decisions and the principles recognized therein have not been dissented to by this Court and on principle, we see no resson not fo accept the proposition a3 enunciated in the above decisions. We have, therefore, fo keep this distinction in mind and proceed on the basis that only something that is irregular for want of compliance with one of the elements in the process of selection which does not go to the moot of the process, can be regularized and that it alone can be regularized and granting permanence of employment is a totally diferent concept and cannot be equated with regularization,
20. ve NOSE NERS NER iN ROMP RAE CeCe ee With respect, why should the State be allowed to depart from the normal rele and indulee in temporary employment in permanent posts? This Court, in our view, is bound to insist on the State making regular and proper recruitments and Is bound not to encourage or shut its eves to the persistent transgression of the rules of regular rectuimnent. The direction to make permanent -- the distinction between regularization and making permanent, was not etaghasized here -~ can only encourage the State, the model employer, to flout its own rules and would confer undue benefits on a few at the cost of Many walling to compete. With respect, the direction made in paragraph 3) of Plara Singh (supra) are to some extent inconsistent with the conclusion in paragranh 45 therein. With great respect, it appears to us that the last of the directions clearly runs counter to the constitutional scheme of employment recognized in the earlier part of the decision. Really. it cannot be said that this decision has laid down the law thet all ad hoc, temporary or casual employees engaged without following the regular recrsitment procedure should be made permanent.
22. In Director, Institute of Management Development, ULP Fs. Pushpa Srivastava (Spu.) (1992 G) SCR 712), this Court held that Since the appointment was on purely contractual and ad hoc bagis on consolidated pay for a Axed period and terminable without notice, when the appoiniment came to an end by efflux of time, the appointee had no right to continue in the post and to claim regularization in service in the absence of any rule providing for regularization after the O04 NO S32 period of service muted relief of directing that the appointee be permitted on Sympathetic consideration to be continged in service Hit the end of the concerned calendar year was issued. This Court noticed that when the appointment was purely on ad hoe and contractual hasis for a Umited riod, on the expiry. of the period, the right to remain in the post came to an end. This Court stated that the view they were taking was the only view possible and set aside the judgment of the High Court which had given relief to the appointee, 25 ati OMS MESES DA ARERR ONO Y Ce ew Awa Wave) bee S ee.
" In this connection =f is pertinent to note that question of regularization in any service including any government service may arise in two contingencies. Firstly, if on any available clear vacancies which are of a long duration appointments are made on ad hoc basis or daily-wage basis by a competent authority and are continued from time to time and if it is found that the Incumbents concemed have continued to be employed for a long period of time with or without any artificial breaks, and their services are otherwise required by the institution which employs them, a time may come in the service career of such employees who are continued on ad hoc basis for a given substantial length of time to rewularize them so that the employees concerned can give their best by being assured security of tenure. But this would require one precondition that the initial eniry of such an employee musi be made against an available sanctioned vacaney by following the rules and regulations governing such entry, The second type of sttuation In which the question of regularization may arise would be when the initial entry of the employee against an available vacancy is found to have suffered from some flaw in the procedural exercise though the person appointing is competent to effect such initial recrultment and has otherwise followed due procedure for such recruitment. A need may then arise in the light of the exigency of administrative requirement for waiving such irregularity in the initial appointment by @ competent authority and the irregular initlal appointment may be regularized and security of tenure may be made available to the incumbent concerned. But even in such a case the inital eniry must not be found to be totally flegal or in blatant disregard of all the estsblished rules and regulations governing such recruitment."
26. It is not necessary to notice all the decisions of this Court on this aspect. By and large what emerges is that regular recruitment should be insisted upon, only in a contingency an ad hoc appointment can be made in a permanent vacancy, but the same should scon be followed by a regular recruitment and that appoimiments to non- available posts should not be taken note of for regularization, The cases directing regularization have mainly proceeded on the basis that having permitted the employee to work for some period, he should be absorbed, without really laying down any law to that effect, afier discussing the constitutional scheme for public employment.
34, PANO WES ROP SERENE Ne ME he Per oeenes ANAWARN whee aeons Thus, it ig clear that adherence io the nie of equality in public employment is a basic feature of our Constioution and since the rule of 0 po Spx oe law is the core of our Constitution, a Court would certainly be disabled _ from passing an order upholding a violation of Article 14 or in ordering the overlooking of the need to comiply with the requirements of Article i4 read with Article 16 of the Constitution. Therefore, consistent with the scheme for public employment, this Court while laying down the law, has necessarily to hold that unless the appointment is in tenns of the relevant rules and afer a proper competition among qualified persons, the same would not confer any night on the appointee. If itis a contractual appointment, the appointment comes te an end at the end of the contract, if it were an engagement or appointment on daily wages Of casual basis, the same would come to an end when it is discontinued, Similarly, a temporary emplavee could not claim to be made permanent on the expiry of his term of appointment. It has also to be clarified that merely because temporary enrplovee or a casual Wage worker is continted for a time beyond the term of his appointment, he would not be entitled to be absarbed in regular service or made permanent, merely on the strength of such continuance, if the orginal appointment was not made by following a due process of selection as envisaged by the relevant nies. ft As not open to the court 10 prevent regular recruitment at the instance of temporary employees whose period of employment has come to an end or of ad hoe employees who by the very neture of their appointment, do not acquire any ight. High Courts acting under Article 226o0f the Constitution of India, should not ordinarily issue directions -- far absorption, regularization, or permanent continuance unless the recruitment itself was made regularly and in terms of the constitutional scheme. Merely because, an employee had continued under cover of an order of Court, which we have described as 'HGgious employment! in the earlier part of 'the judgment, he would not be entitled to any right to be absorbed or made permanent in the service, In fact, in such cases, the Hish Court may not be justified in issuing interim directions, since, after all, ultimately the employee approaching i is found entitled to relief it may be possible for i to mould the relief in such a manner that ultimately no prejudice will he caused to him, whereas an interim direction to continue his employment would hold up the regular procedure for selection or impose on the State the burden of paying an amplovee who Is really not reqiured. The courts must be carefill in ensuring that they do not interfere unduly with the economic arrangement of its affairs by the State or its instrumentalities or lend themselves the instrumenta to facilitate the bypassing of the constitutional and statutory mandates,
36. While directing that appointments, temporary or casual, he regularized or made permanent, courts are swayed by the fact that the concemed person has worked for some time and in some cases for a considerable length of me. It is net as if the person who accepts an engagement either temporary or casual in nature, 1S not aware of the hature of his employment. He accepts the employment with eyes open, Tt may be tris that he is net in a position to bargain -- not at arms length -~ since he might have heen searching for some employment so as to eke out his livelihood and accepts whatever he gets. But on that ground alone, It would not he appropriate to jettison the constitutional stheme of appointment and to iake the view that & person who has temporarily or casually got emploved should be directed to be continued permanently, By. daing so, it will be creating another mode of public appointment which is not permissible. If the court were to vold a contractual employment of this neture on the ground that the parties were not having equal bargaining power, that too would not enable the court to grant any relief to that employee, A total embargn on such casual or temporary employment is uot possible, given the exigencies of administration and if imposed, would only mean that some people who at least get employment temporarily, contractually or casually, would not be getting even that employment when securing of such employment brings at loast some succor to them. After all, innumerable citizens of our vast country are in search of employment and one is not compelled to accept a casual or temporary employment if one is nof inclined to go in for such an employment. It is in that context that one has to proceed on the basis that the employment was accepted fidly knowing the nature of it and the consequences Howing from it. In other words, even while accepting the employment, the person concemed knows the nature of his employment. It is not an appoditment to a post in the real sense of the term. The claim acquired by hum tn the post in which he is temporarily employed ar the interest in that post cannot be considered to be of auch a magnitude as to enable the giving up of the procedure established, for making regular appointments to available posts in the services of the State. The argument that since one has been working for some time in the post, it will not be just to discontinue him, even though he was aware of the nature of the employment when he first took it up, is not one that would enable the jettisoning of the procedure established by law for public employrnent and would have to fail when tested on the touchstone of constitutionality and equality of opportunity enshrined in Agticle 14 of the Constitution of India.
44. One aspect needs to be clarified. There may be cases where irreguiar appointments (not illegal appointments) as explained in STATE OF MYSORE Vs. S.V. NARAYANAPPA [1967 (1) S.C.R. 128], RN. NANIONDAPPA Vs T. THIMMIAH & ANR, [U972} 2 S.C.R. 799] , and BN. NAGARAJAN (supra), and referred to in paragraph 14 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of courts ot of tribunals, The question of regularization of the services of such employees may have to be considered on merits in the light Of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that contest, the Union of India, the State Governments and their instrumentalities should take steps to regularize aS a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and should further ensure that regular recruitments are undertaken io All those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must he setin motion within six months from this date. We also clarify that regularization, if any already made, but not subjudice, need not be reopened based on this judgment, but there should be no further by- passing of the constitutional requirement and regularizing or making permanent, those not duly appointed as per the constitutional scheme."
32 OA Ni OA NO $3201: 2
25. The issue ix is whether 3 ct oF @ ty is a 9 D> es ct QO Oe of & the post to which the applicants were appointed were advertised and whether these were regular posts for regular appointment /permanent appointment. If the posts were regular and the then they would have a valid claim for regularization. Lf to the contrary the.
advertisement Was only for snort term contract /ad-hoc/temporary post, then the applicants cannot seek regularization of their were given appointments of cleaners and Sweepers atter an interview and also that there Were no Specific recruitment rules for the posts of SWeepers and watchman. Annex A-2 the memorandum record by the applicants to prove that they had been appointed on ths CSENS and conditions memorandum clearly Shows that they WeLre appointed on contract for a period of 6 months 33 Od NO S320 2 aif their work was found Satisfactory. Tk also finds mention that the contract was purely on temporary basis and could be terminated at any point of time with out assigning any reason. It was also made clear in that the hired person was not entitled to any Government service in the tled to any psn of concerned department nor he was ent benefit that a Government servant avatiis. From the record, it is clear that all the applicants were appointed only en short term contract which Wes Yenewable subject to the satisfaction of the employer and there was no assurance for any i:
ee S ay SES hecessary tnat the post should hay advertised for regular appointment/permanent appointmen Le. existing Vacancy in a regular/permanent post. in the present case, * Og ED Spec 74 ~ Spt " Me hf i SS 4 a Oo 8 $d gk Lest aed es. OQ. o 3 4 ey ery oy in a} ey G 4 Oo ee 4 orf a cd & 4 ; & a } '2 bs we : : i c 3 wed nt no ei em (Ey fy is Sa ar @ ot et , a a O ts ie ard os EO & 4 Ho 8 6 2 ee yo & Oo 8 8 8 em v o ke BH eM J eo © 'ou " ved rn & ove 4 ot gt Oo »p 6 a 2 OD nod fe ® 2 &§ Soo gs Oo & & ; 'o & Oo He Be a Q 2 oe 0, O + ea H a to io 44 ae eg : sp oe mt . m4 c B fs a oe H i Ql a i be ioe 4 @ rl ct © 4 6 ie 4 6 =: @ 4G D ho 4 SAS sed 4 0 cS ced e a zB cs ah o if So a a a4 ey bee v © a of eS ue & -d "4 a a + we Be) Dy a 5 es 5 au oop 2 wv foo FP 9» F 6 FP ie Go @ 2 Ge HOR ke ee ei Os o 8 & S - 4 8 Bb 5S to SUN 4 38 Bg es 5 Bo ee! 5 a 2 GO # 6 & yo Oo o fe @ | Ss a ae a ' w ® - 8 a wD a fa 3 8 bo og fof es ct 2, (5 * pet Sy hed ie a Off : os Ho 2 ~ 8 -- Ba OG B ob o o ui + vel red 44 ae 4 cs te g3 4? oo Ce " ee a moe oy , ms % os Sy : si an % fn 43 ha G : Ss: a 2 aor :
th 5 & 9 om rt rs) i bea { et fo 3 & 3
-f GB a 4 : i oj 5 ay o o 5 Co S 2 ee ! ty 3 7 sD a 4p re O. wi O64 by 6 8 2 = 9 i wD 4j o A $4 "es id vel a . 4 B Be | gS ce) 1 $4 eh, 3 a Cs te va i a : & Wa he S Ba = Re ge Mee ys fe a iQ 4 a Pon @ e 8 @ u ny 8 B59 #8 Oo BF & 2 Cm Dp oom w fo ort % ge a wn G8 hs 8). rad $5 " Y is t 18) ui icf &. a 3 B 3 i: 2 6 of Gon @ 8B 7 8 wf & g BS Z ES : = "5 a) ' sz 3 : } : oo ard a 3 43 es oC a 43 4 ie ved a it 5 oy he Ss w o a u i i Oo oO "54 ts rs Ee) 44 AG n oh 0 ae i S74 ws y G SOB m8 BF 5 bp 7 gg € § 8 "oe 5 88 Sob uo mt & dc & 8 3 OG Sc 8 eB : 8 5a . a G «es e w it oy 4 ned YB v oo co a oY CH " a me t3 ie! 3, ei ea of wm tht 3 7 pea aS © oo ee a al 4 @ 43 = lec a 3 e 43 ref Cs g) i 4 te 1G oF ma oS af cs oS eA ay is ; Y 3 cA ; 44 i ee, as 4} as oP) uot ee be B QO; @ vk ay is 2 4 wo a & te iD wd of So *~. cs @ te n o 4) c oa 2, re rn oe a Ss B® 6 oe ee ee i 3 ae Sa i ae 3 Q & i ae a we oe ned res a w = 'a O rhe 2 0; 3 @ ha pel my M Q Y w ak -- j oe o oO e 6 Uo = & BB Se @ £& 8 & & "HE ee Pee ee ee ge ee oS 8 a] = + fh & @ wy a 4 ; O wv poe O. 7 3 QD oe 63 r a ad oe nD, ie wa red : i. Si j ! 4 oy fat iM 2g, that it fod a Vacancy, (1) are the persons qualified persons and (iv) are the appointments throug egular recruitment process of {b) A court can condone an irregularity in the appointment procedure only if the irregularity does not go to the root of the matter, (I) For sanctioned posts having vacancies, such posts have to be filled by regular recruitment process of prescribed procedure otherwise, the constitutional mandate Nowing from Articles id, 16,309, 315, 320 ete is violated.
(HQ In case of existence of necessary circumstances the government has a right to appoint contract employees or casual labour or employees for a project, but, such persons form a class in themselves and they cannot claim equality(excent passibly for equal pay for equal work) with regular employees who form a Separate class. Such temporary employees cannot claim legitimate expectation of absorption/regularization as they knew when they were appointed that they were temporary inasmuch as the govermment did not give and nor could have given an assurance of regularization without the regular recruitment process being followed. Such irregularly appointed persons cannot claim ta be regularized alleging violation of Article 21. Also the equity in favour of the millions who await pablic employment through the regular récrultment process outweighs the equity in favour of the limited number of irregularly appointed persons who claim regularization.
(IV) Once there are vacancies in sanctioned posts such vacancies cannot be filled in except without regular recruitment process, and thus neither the court nor the executive can fame a scheme to absorb or regularize persons appointed to such posts without following the regular recruitment process.
(V) At the instance of persons irregularly appointed the process of regular recruitment shall not be stopped. Courts should uot pass interim orders to continue employment of such mregularly appointed persons because the same will result in stoppage of recruitment through regular appointment procedure.
(VD) If there are sanctioned posts with vacancies, and qualified Persons Were appointed without a regular recruitment process, then, such persons who when the judgment of Uma Devi js passed have worked for over 10 years without court ordera, such persons be regularized under schemes to be framed by the concemed organization, (VU)The aforesaid law which applies to the Union and the States will also apply to all instrumentalities of the State governed by Article 12 of the Constitution".
i ef © OQ in the present cases, it is sbse ws cr iS only on account of exigencies Fags e 0 s OA NO.S32032 ct & eh i a m nag " * os Ort ke oe iw 4 & 3 rm Sw a 3 i 2 & by Sof 6 "3 6 2 @ ng i) 6 Sy os S cs 1} 44 cs ; A Q co by wd ht MD ww hy a ot at! ee mo 7 =e bo 6 8g oe Se - #8 3 @ 7 & 8 me : 4 . } S = iS Sy © y wo & a S 4 . oO G a - "4 gS mg bs c a 1 a Ss 6 4 Bede Bes dee eaac 0 a a 2 =e 8 6 6 a oy GQ m4 Oo @ QF 43 wd i Ud wy od we C3 G 3 4 oA td 43 go Be o4 ee te AQ 4 4 oo B =e - GC 8 5m G8 8 Wo fo AH os 6 4 4 © a Fn c o wi os 4 a Ae 4H 0 Oo. aa wn wD ay ig rn c th a 3 oy 5 oy a = tS 2. a 3 6 fF gE mo BO Be CB uu Bos : 6 2 Bow 8 pa cot a het ce 3 i 5 co 4 : aped 6G 3 ies) ved 2 a Se a i Oo ie 3 Co 0; G =: a ws ® ot © 5 - go 4 - ie wi oe 8, e Oo 3 a uw 8 fo " oe ° fe § 43 4 "a 3 "~ ae :
SS rol me 48 Hs ma oO Pog &@ 8 ® © 2- 8 3 LC ee @ «© : 3 © 4 a i Qa oo : G - 4 oa a seg oe SS 44 ved 43 cm 'eta @ ca * we ah 6 td e =f 3 0 oD Ge eB ® 5 G 8 es et tg es = @ a a : fe es -- 8 w c "4 B & ' : Q Cy Me 43 = AQ } cs 4B G em i io e Oo pp & = aS p eg U eo ee fd : oO Ra ca 5 ta fe - ¢ a4 AD u pe ov & G iB & Rt a o a cy 4 <} Od 5 tr @ Y ay 3 ag nm o @ 8, oe ce tm we o 2 8 @ 3 res) Cy ny ¢ Aad: 63 nm 4G a ay 5 os us 42 we ont i 4 Be R 1G ee en oS io C Cy eA 2u e Q a ete C Oo grok yet a crt o Meg I ee OM & 8 €@ = © . & 8 © GG fe a os Spel z3 GO : : yp oa w@ - a e G * z n e ie 6 o Me ce ' " ; 2 € GB ss 'Eh ~ G Oo % GC & 4 by oe » oF 8 & fg © £& 6 : age ro a t 4 Pe f 4 sj i te th a % xe bd Gs, . 3 2 @ WS a Ay 45 ha 4 anf iy a °C or bt 43 o s @ i cs 43 42 OS G 8 a = Oo a Oo es Gh es a oe pot SS iS © £3i a3 gt ne: vet oh, a 4 C3 ae) i as D es e oS a 3 i i) 5S cd - Oo 43 os os @ mt 5 Bog Be roo é En p BG ce my Oo 6 a ey i iE Wo 4g . 5 009 B 3 Qa % A f " bs 2 ot BS be £ Cs rc rd So Go Boo ee @ "8 8 we a ® oo Eo oo 8 Sa ge a, Be gp 8 BB o 8 ba v wa is Oo @ a 5 Q 3 "4 43 aS 4 oe " on ee , © GB a a et . ms og "gs ai 2 ; C bs i i G a ot © io am oy e w ma & @ & w 5 o 5 0 oo 5 yoo Ss oe ogo 8 4 8 eG i aS --.
2 6 8 Boe oS ag Bo o op & "8 SO = 8 ¢4 ¥ my 4 P w ed ? u Ay oof . ; yon . od a2 QO $5 os ts % a 5 & : 5a Q Hrd CG rl a fs oO ie ty Sel S A GW & HO wi @ w Bo Be OO Oe on wg ' .
cS a Sh a oa aS G rd oO a nf cs rfl a Soo Bw g O o & i 3 Bye Ge oe Ae BR 2 OB 8 gD Poo op OD eu z 2 . g & o e $3 £3 @ 4 » Fed cd en oO nd 2 + aye ae : wy S By 8 @ OD wh B HW ga & a » 8 © 8 DV Bg a & =, a * . as oh wy % ped @ wv ce © mo EP Q wD wi % @ O a - ot et 5 oc 0 re ct - @ zy @ su oc wo a os om cm cl o o a mh os ib DD o 4 Fo Ae a o gS 4g ) & & wn o a : 4 Mm o a wed oe Sy Oe 7 o exe uv a a 5 iB {3 : a : a oh G "3 O & 3 43 oh 9) 8 7 oo 8 @ es wa 8 6 HB @ Yoko ew 8 3 4 gg a 8 wh A Q s co : ord e o 42 4 a fg 5 3 a 43 a @ uy cf OM a, rl 5 $4 "s be O oS G a © a w v a o a 0 cal oO @ o Med fe Ue 5 i ta «S 4 @ 4 QD; ~ &2 " " or © wD wv r a be : @ @ " Be) ; "el fe a fm & m O fo © w So op Boe Egg oy O Ss a wy 43 8 43 a tg . En G 7 6S Q 40 e : fa GS Doel % wy % a eo gos Oo i) a) © i @ ; o c $3 ES cs we a4 " mo Bae O 1) wi a oe aS = s cs re a a) Oo ne ke ee 4 C Th te 6 G ' uy i . 3 Spotl © a} ay © a st wed Wi a go © a @ a ; 3 % a cd gs Ls . Soe go Oe Be oe oe o » DP @ yo am Z 5 oS a Q $ ed a 43 oy 3 o tf ih Sag t rat per @ -- yy ae ef su 2 @ a 44 om = & js Hs & "ed or a} Oy 4) O vo ae ae thy & Ss mt fe QD wD = acd ig oa ee ct ry cy Ww J bes ty ay oO. je " : cc i @ G3 ke ie Me i a a 3 i 5 a Oo gS rs joe 43 D Ag a 3 t = aw i + oO cy a aa 3 Ox Woons ay O a 4 Ch $y a yoo a 4 yo & @ 8" ee a) an © ® 2 0 @ 8 os 3 Q oO ef a a Pg sc "3 ie ' wy @ wv Bo Ce eo Be as ae eas tae gg 5 1 a 2 ® © & GC 9 & @ s g : : 3 ie a Z : \ i s ves - nt t 1 @ a @ ta a oh Map gg DL a S 42 a oF o g 6 ae 5 a 32 a os @ Oo. & Soe oe pe se 3 pO 2 ie 3 @ 5 US ee ee 4 3 : C {2 & a 4 1%) AG 4 ne ard ee $3 5 a a M te o a w i P ced + @ ity A g wn 44 fa cs 0 rd th ve gE Gs 4 we "7 : MI et ® 43 a @ a $3 ae 3 a Ea} 3 43 = a oo & om mB 2 aS 8 a Be 8 8B 5 & RH & 8 SY oO 20 © aed ow Pn BP ca pod ee) Oo 6 OD eS 0 RR BY tt Y cl} Qo 9 4 a «© @ w # o § G & BR OR Qo Bed Rg © ee Me ce ye GC OB 6 M4 BeBe oN BO Dos BS Oop ee Gg Bo Be 8 % :
38 OA NO 55/2012e é xr the consequences of ths ct o iS @
9) Lt, they have 4 Same.
33. As referred above, the respondents had not given any assurance to the applicants while making their appointments on contract basis that the status conferred on them will not he withdrawn until some rational resson comes inte
34. 10 28 observed that when a person enters Qa Lemporary employment or Gsts engagement as a ay AAP reek at ooAS 3 yap) 3 =~ oa COOTER CTUaL OF cCasusalh WOrKer and. the engagement x hn Sry eel * ~ 34 - + by the relevant rules and procedure, he is aware QO eh Cr.
aj BD ey & rs ip ip 22 cS
63) i Q th
6) Bh ct oe B we ee ey 03 ps ey if mg ® a ct oe B Jet a UR ne cannot invoke the theory of Ie expectation for being confirmed in the post when appointed On sontractual basis have no fundamental right to claim that they have to De = 5 eee ee pe sey * : ~ requiarised in service, as they cannot be said appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution. The applicants have not been able to -establish a fo Aegal right to be reqularised to the posts to which they are appointed on contract basis as they have never been appointed in terms of the 3 evant rules or in adherence to Articles 14 fwd re and 16 of the Constitution, 36, The appointment to a most in Government ; woo ae .
. ' spe : - A + ' a ayy in the manner recognised by the relevant
37. The contention of learned counsel for the applicants that many of the present Poy 3K tates pede a *¢ a Weds 5 ey ey APES LCanCS sre working continuously on contract yay x -- > aN rd ee ot -- eye ; 4 AL LN Sex PRAT A eSS5iS5 FOr @ period of more than 240 dave and they : oy i sori a" See med ee in Ae © ; os x POST ON Contractual basis, there were no sanctioned posts and they were not appointed as per relevant 2 rules prevalent at that time, The initial entry of * 7 aii the applicants in the present ce#se was not 2 .
é 2 i NG.
4O. a0 TOe us a ~~.
v vid os 4 33 ea aed get 2 rp 43 i3) ved 6 ny art vod a nS 4 € cf Be © such ced of @ od a ye bea bel
28. Ot vit $4 C ) "
uumar (A) ayk pom : id mt Member eo (Ravinder Kaur) Member (7)