further observed that directions
to make permanent employees who are not appointed to permanent
posts of regular basis, will encourage the State which ... petitioners cannot claim regularization by enforcing an illegality of seeking
regularization of contractual services by making them as permanent
employees.
(iii) I may note that
would have applied if the posts were advertised as permanent
posts. Thus regularization cannot be granted only because petitioners
were appointed against sanctioned posts, once ... once the
advertisement is only for contractual posts and not for permanent/regular
appointments, then merely because appointments made are pursuant to such
appointments will
Court clearly held that the words "regular" or "regularization" do not connote permanence and cannot be construed so as to convey ... root of the process, can be regularized and that it alone can be regularized and granting permanence of employment is a totally different concept
same salary and allowances as are paid to regular and permanent
employees with effect from the date when they were
respectively employed..."
(emphasis ... regularization of the similarly
situated persons were rejected on the ground that no
regular cadre or sanctioned posts are available for
regularization of their services
contractual
employees cannot be regularized if contractual employees have been
appointed against posts which were not advertised as regular and permanent
posts. Also, in fact ... regularize
contractual employees and which contractual employees though
have been called by advertisements, but, the advertisements
were not for employment to regular and permanent posts
this Court clearly
held that the words “regular” or “regularization” do not
connote permanence and cannot be construed so as to convey
an idea ... unacceptable to us for two reasons. Firstly, the words
“regular” or “regularization” do not connote permanence.
They are terms calculated to condone any procedural
irregularities
regular employees to the petitioner, who have been
made permanent employees in regular scale of pay for more than
10 years of service. They should ... benefits to these petitioners, who have been regularized on
regular posts with regular scale of pay..................."
8. Letters Patent Appeal
separate entity and
status than that of the regular
establishment. Their
regularization/promotion in the regular
establishment, therefore, would be
wholly without jurisdiction and violative ... difference
between Work charged Establishment
and permanent establishment of the
State. The permanent establishment has
status of permanency and will continue
for ever, whereas
would have applied if the posts were
advertised as permanent posts. Thus regularization cannot be
granted only because petitioners were appointed against
sanctioned posts, once ... regular recruitment. The direction to make permanent -- the
distinction between regularization and making permanent, was not
emphasized here -- can only encourage the State, the model
operation
and shall not affect the promotions already made,
whether made on regular basis or on any other
basis. We direct that our decision ... shall not
affect promotions already made, whether on
temporary, officiating or regular/permanent
basis. It is further directed that wherever
reservations are already provided
