Judgement

S.C. AGRAWAL, J.:- Delay condoned in S.L.P. (C) No. 22726-29/95 (C.C.No. 3559/95).

2. These petitions for special leave to appeal arise out of judgment dated February 8, 1995 passed by the Division Bench of the Allahabad High Court in various special appeals and writ petitions involving common question relating to regularisation of Registration Clerks employed on dialy wage basis in the Registration Department of the Government of Uttar Pradesh.

3. Under the U.P. Registration Manual (hereinafter referred to as the Manual) provision is made in paragraph 94A for appointment to the post of Registration Clerks in Sub-registrars offices and in District Registrars offices by the District Registrar. In paragraph 95 it is provided that the strength and remuneration of registration establishment shall vary according to the amount of work to be performed in each office and will undergo periodical 419 review. Under paragraph 96 power has been conferred on the Inspector General of Registration to sanction temporary establishments within the limits of budget provision and up to a rate of pay not exceeding Rs. 150 per mensem in each case subject to the conditions prescribed in Cl.(a) to (d). The District Registrar has also been empowered to sanction, with the previous approval of the Inspector General, the temporary appointment of extra clerks in the Registration offices under his control up to a rate of pay not exceeding Rs. 60 per mensem in each case but before sanctioning the District Registrar is required to see that the permanent clerks have been working up to the standard prescribed by the preceding rule. Paragraph 97 requires that a list of approved candidates for the post of registration clerk shall be maintained by each District Registrar and that except with the previous sanction of the Inspector General, at no time the number of enlisted candidates shall exceed the number fixed by the Inspector General for each registration district according to the needs of each district. The said list of approved candidates is required to be revised by the District Registrar annually in the mount of January. In the said rule provision is also made prescribing the conditionswhich are required to be fulfilled by candidate for enlisting as well as the grounds on which the names of candidates once brought on the list may be removed. It is also prescribed that permanent appointment to the post of registration clerks shall be made from amongst the entitled enlisted candidates strictly by seniority and that officiating or temporary chances of more than a monthss duration shall be given to enlisted candidates by rotation.

4. Apart from the permanent and temporary establishments referred to in paragraph 95 and 96 of the Manual, a practice was in vogue to appoint Registration Clerks on daily wage basis for the speedy disposal of the pending arrears of documents in the Registration offices. Such appointments were authorised by the Governor for the particular year only subject to the condition that the posting of Registration Clerks on daily basis shall in no case exceed three months in the year. One such order is contained in G.O. dated December 23, 1987 which reads as under :

"G.O. No. SR4353/X312(1)(O) 82 dated 23-12-87

From :

Shri Prem Shankar

Joint Secretary, Finance

Stamp and Registration Section

Government of U.P. Lucknow.

To

Inspector General of Registration

Uttar Pradesh, Allahabad

Sub : Appointment of daily wage clerks for purpose of disposal of arrears of documents in Registration Offices.

Sir,

With reference to your D.O. letter No. 85101/VA-429 dated 26-11-1987, I have been directed to inform that as a result of arrears of copying work in various Registration Offices of the State undue delay is being caused in the return of original documents to the parties. Consequently, the parties are being put to inconvenience the Honble Governor has therefore been pleased to sanction post of Clerks on daily wage basis @ 20/- (Rupees Twenty) per working day for t