TaxTMI 
TaxTMI 
2006 (12) TMI 519
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....ipal. 4. Respondents in these appeals were engaged on contract basis in two different schemes, i.e., for maintenance of water supply and sewerage lines for Municipal Corporation, Ludhiana and for maintenance of tube wells installed under URP project for Municipal Corporation, Hoshiarpur respectively. Their services were terminated. Respondents prayed for regularization of the services. The said prayer was rejected by the appellant in terms of the scheme framed scheme for regularization by the State of Punjab on 23.1.2001 and 28.3.2003. 5. Writ petitions were filed by the respondents, inter alia, for issuance of a Writ in the nature Mandamus directing the respondents therein including appellant-Board to implement the said scheme of regularization of their services and setting aside the orders rejecting such prayers made on their behalf. By reason of the impugned judgment, the High Court allowed the writ petitions directing the appellant to reinstate the respondents in service with all consequential benefits. Appellant was also directed to regularise their services. 6. Ms. Varuna Bhandari Gugnani, learned Counsel appearing for the appellant would submit that the purported sc....
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....ided that the work charge/daily wage workers who have completed three years service, their services be regularized and period of four months was specified for this purpose i.e. this exercise was to be completed by 22.5.2001. 2. Certain Departments have sought clarification from this Department that the work charge/daily wage workers/employees, whose services could not be regularized as per the provision of para No. 4 of the above said letter due to any reason, whether their services can be regularized now or not though they fulfill the requisite conditions. This matter has been considered by the Govt. and it has been decided that the services of such work charged/daily wage workers/employees whose services could not be regularized within the specified period as per the instructions contained in Para No. 4 of letter dated 23.1.2001, their services may be considered for regularization now upto 30th June, 2003. It is worth mentioning here that in case any of the Department failed to take necessary action in the matter within the period specified above, then the concerned Administration Secretary/Head of the Department shall be held responsible. 8. A statutory board is an a....
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.... were followed while making these appointments. It may be true that the appellants may have been habitants of rural areas and there was no adequate representation for this rural population in government jobs. But the Government or the heads of various departments could have formulated and resorted to some rational modalities approved under the rules of recruitment to see that rural population also got adequate representation in public employment. But the same could be done within the constitutional limitations. But the High Court unfortunately failed to consider the ratio of the said decision in its proper perspective. 10. In regard to the contention that the workmen had been working for years and many of them had already crossed the age fixed for entry to the Government service, as such they are entitled to regularization, it was opined: No person illegally appointed or appointed without following the procedure prescribed under the law, is entitled to claim that he should be continued in service. In this situation, we see no reason to interfere with the impugned order. The appointees have no right to regularization in the service because of the erroneous procedure a....
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....egularization meant permanence. In R.N. Nanjundappa v. T. Thimmiah (1972) ILLJ 565 SC this Court dealt with an argument that regularization would mean conferring the quality of permanence on the appointment. This Court stated: (SCC pp.416-17, para 26) Counsel on behalf of the respondent contended that regularization would mean conferring the quality of permanence on the appointment whereas counsel on behalf of the State contended that regularization did not mean permanence but that it was a case of regularization of the rules under Article 309. Both the contentions are fallacious. If the appointment itself is in infraction of the rules or if it is in violation of the provisions of the Constitution illegality cannot be regularised. Ratification or regularization is possible of an act which is within the power and province of the authority but there has been some non-compliance with procedure or manner which does not go to the root of the appointment. regularization cannot be said to be a mode of recruitment. To accede to such a proposition would be to introduce a new head of appointment in defiance of rules or it may have the effect of setting at naught the rules. ....
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....mporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularization, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further bypassing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme. A combined reading of the aforementioned paragraphs would clearly indicate that what the Constitution Bench had in mind in directing regularization was in relation to such appointments, which were irregular in nature and not illegal ones. 13. Distinction between irregularity and illegality is explicit. It has been so pointed out in National Fertilizers Ltd. and Ors. v. Somvir Singh [(2006) 5 SCC 493] in the following terms: The contention of the learned Counsel appearing on behalf of the respondents that the appointments were irregular and not illegal, cannot be accepted for more than one reason. They were appointed only on the basis of their applications. The Recruitment Rules were not followed. Even the Selection Committee had not been properly constit....