Supreme Court held that though the municipal laws permit deviations from sanctioned constructions being regularised by compounding, but that Is by way of exception. Unfortunately ... discretionary power conferred by such exception, has become the rule. Only such deviations deserve to be condoned as are bona fide or are attributable
follows:-
"Though the municipal laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception. Unfortunately, the exception ... discretionary power conferred by such exception, has become the rule. Only such deviations deserve to be condoned as are bona fide or are attributable
hotel building had been constructed. There were certain sharp unauthorised deviations and in view of voluntary compounding scheme, the constructions which were not in conformity ... compounded and regularised by
the respondent-Authority on deposit
of Rs. 3,94,908. The bogey of the
unauthorised constructions or
deviations cannot
Because for regularising the services of any adhoc employee, it was mandatory to comply with 1979 Rules strictly and any deviation will vitiate the regularisation
Appointing Authorities. In the year 1989 statutory Rules were framed to regularise ad-hoc Class III appointments, however, Class-IV employees were not given ... cither 240 days of continuous employment in a year or otherwise for regularising these Class-IV employees. The Supreme Court, however, stepped in and held
State Government Servants Confirmation Rules, 1991 are not issued and an appointee regularised in service is deemed to be confirmed from the date of issuance ... State while discharge of its constitutional obligations and any deviation attempted to prejudice this object deserves to be discouraged. Not only that the conditions
accordance with the provisions contained in the Rules. Justification for this deviation given in the report is that regularisation of Junior Engineers is not possible ... illegal and without competence and such appointments can never be regularised. It has been submitted that under Rule 20A, benefit of regularisation can be granted
regard to selection and appointment. In no way courts have right to deviate from statutory mandate.
18. In 2013( 2) SCC 516, Bhupendra Nath Hazarika ... rules. Appointment dehors the rules would be illegal. Even if services are regularised the appointees are not entitled to have seniority fixed on the basis
with similar condition for not claiming any salary in the post, were regularised by order dated 23-5-1989 on their representation.
4. The respondents ... also been contended that the petitioners are required to be regularised in the post of Bench Secretary as there is no complaint against their service
Moti Lal And Ors. vs The Government Of The State Of Uttar ... on 11 May
