Paramjeet Kaur @ Anju And Ors vs Union Of India on 27 March, 2015
13. We have considered the submissions made by both sides
and examined the material on file, with the able assistance of
both the learned counsel. Certain facts go without any dispute at
all that the applicants were appointed during 1996 to 2000 and at
that point of time, possessed higher qualifications than the
minimum requirement for the posts of Clerks in the recruitment
rules. They were appointed and discharged duties and
responsibilities of Clerks and are getting the salary of Clerks and
(OA.No. 060/01535/2017-
Anju & Others Vs. UOI etc.)
9
their cases for regularization against the posts of Clerks had been
recommended time and again by respondent No. 4. The regular
vacant posts of Clerks are available with the respondents against
which the applicants discharged their functions as Clerks. Even
intra-departmental communications prove that they discharged
duties as Clerks and were paid salary equivalent to Clerks. Thus,
they discharged duties of Clerks against vacant sanctioned regular
post, though respondents claim that posts of DEO are not regular.