TaxTMI 
TaxTMI 
2006 (8) TMI 514
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....ant Computer Instructor. Mehar Chand Polytechnic, Jalandhar, undertook a Community Polytechnic Project, a scheme issued by the Ministry of Human Resources Development, Government of India. The Central Government issued "provisional norms" for implementing the scheme. Specific amounts by way of both recurring and non-recurring expenses used to be granted by the Central Government. Under the head 'non-recurring' expenses, a sum of Rs. Ten lacs was earmakred for acquisition of tools and equipments for five extension centres. As regards recurring nature of expenditure, Instructor were to be appointed on a consolidated amount of Rs.1,500/- or Rs.2,000/- as the case may be. The total amount of recurring expenditure was fixed at Rs. Seven lacs only. In the circular letter, it was, inter alia, stated: "The expenditure shown above are at the maximum limit and the actual expenditure on each item should be limited to the bare minimum. The payment of salary/honorarium should also be limited considering the nature of duties and responsibilities entrusted and no regular staff should be appointed till the final guideline document is approved and necessary instructions are intimated. Engagement....
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....ng. You are hereby offered the post of Asstt. Computer Instructor on purely temporary basis w.e.f. 3.8.1992 on a consolidated salary of Rs.1500/- per month for a period of one year i.e. upto 31.7.1993. 3. Your services can be terminated by giving 15 days notice on either side." It is not the case of the Respondents that prior to issuance of the said offer of appointment any vacancy existed or the same was notified to the Employment Exchange. It is furthermore not their case that they were recruited in terms of the statutory rules and/or upon compliance of the requirements envisaged under Articles 14 and 16 of the Constitution of India. It is also not their case that prior to their appointments any advertisement was issued enabling the eligible candidates to file applications therefor or the vacancies were notified to the Employment Exchange. They made a representation for grant of scale of pay, which was rejected. A writ petition was filed before the Punjab & Haryana High Court. An interim order was passed directing the Central Government to put them on a regular scale of pay. While considering the matter, the officials of the Directorate of Technical Education, Punj....
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....h harsh conditions of service. Putting of long years of service, according to the learned counsel, itself would be sufficient for directing regularization of service. Public employment is a facet of right to equality envisaged under Article 16 of the Constitution of India. The State although is a model employer, its right to create posts and recruit people therefor emanates from the statutes or statutory rules and/or rules framed under the proviso appended to Article 309 of the Constitution of India. The recruitment rules are framed with a view to give equal opportunity to all the citizens of India entitled for being considered for recruitment in the vacant posts. The Parliament for giving effect to the provisions of the Article 16 of the Constitution enacted the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. The statutes and the statutory rules framed by the Union of India and other States also invariably require issuance of a public notices so as to enable all eligible candidates to file applications thereof. The Constitution and/or statutes or statutory rules do not make any distinction between post and posts. The recruitment process for all posts i....
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....sions of this Court, we are of the view that these cases are required to be heard by a Bench of five learned Judges. 5. Let these matters be placed before the Hon'ble the Chief Justice for appropriate orders." The Constitution Bench of this Court while answering some of the said questions in no uncertain terms held that any appointment made in violation of the statute or in derogation of the equality clause contained in Articles 14 and 16 of the Constitution would be void and of no effect. It was opined that such persons who had obtained such illegal appointments were not entitled to claim regularization. We may at this juncture notice that way back in 1992, a three-Judge Bench of this Court in Delhi Development Horticulture Employees' Union (supra) observed as under: "The above figures show that if the resources used for the Jawahar Rozgar Yojna were in their entirety to be used for providing full employment throughout the year, they would have given employment only to a small percentage of the population in need of income, the remaining vast majority being left with no income whatsoever. No fault could, therefore, be found with the limited object of the scheme given t....
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.... Authority and Others [(1991) 1 SCC 28], for the proposition that even if statutory rules do not operate in the field, direction for regularization is permissible in law. Jacob (supra) was decided in a different fact situation. In that case the employees concerned were working in the erstwhile Public Health Engineering Department. Upon creation of the Kerala Water and Waste Water Authority constituted under Section 3(1) of the Ordinance 14 of 1984 repealed and replaced by Act 14 of 1986, their services were transferred. The cases of regularization of the employees appointed during different periods came up for consideration in the light of Rule 9(a)(i) of the Kerala State and Subordinate Service Rules, 1958 and the Resolution adopted by the Authority in terms thereof. The contention of the employees therein was that they were having been appointed in terms of the Rule 9(1) of the Rules and their names having been called for from the Employment Exchange, the services of those who possessed requisite qualifications, could not be terminated. Clause (iii) of Rule 9 provided for regularization of service of any person appointed under clause (i) of sub-rule (a). A resolution had....
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....w that all ad hoc, temporary or casual employees engaged without following the regular recruitment procedure should be made permanent." Baseruddin M. Madari and Others v. State of Karnataka and Others [(1995) Supp. 4 SCC 111], whereupon again reliance has again been placed by the Senior Counsel, this Court following the decision in Karnataka State Private College Stop-Gap Lecturers' Association (supra) did not lay down any law that services of all ad hoc employees are required to be regularized. The Constitution Bench in Umadevi (supra) in regard to the temporary employees clearly opined: "There is no fundamental right in those who have been employed on daily wages or temporarily or on contractual basis, to claim that they have a right to be absorbed in service. As has been held by this Court, they cannot be said to be holders of a post, since, a regular appointment could be made only by making appointments consistent with the requirements of Articles 14 and 16 of the Constitution. The right to be treated equally with the other employees employed on daily wages, cannot be extended to a claim for equal treatment with those who were regularly employed. That would be treating....