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SUPREME COURT OF INDIA
Sudhansu Jyoti Mukhopadhaya and N.V. Ramana, JJ.
Arjun Singh and Ors. – Appellant
Vs.
State of Himachal Pradesh and Ors. – Respondent
C.A. No. 390 of 2015 (Arising out of SLP(C) No. 32707 of 2013)
Decided On: 13-01-2015
Electricity (Supply) Act, 1948 - Section 79(C) r/w Section 15 - Constitution of India, 1950 - Article 14 - Public Service Commission - Appellant against order - regular appointment - Whether Appellants are entitled for regular appointment in view of fact that they were appointed after following all procedure of selection including recommendation of the Public Service Commission and are continuing in service since long - H.P. State Electricity Board by notification repealed 1975 Recruitment and promotion regulations for post of Assistant Accounts Officer Class-I (Gazetted) and framed new regulations known as H.P. Electricity Board Recruitment and Promotion Regulations for post of Assistant Accounts Officer, 2006 - Said regulation prescribes total number of posts, scale of pay, percentage of posts to be filled up by direct recruitment/contract/by promotion, qualification etc - Held, It is clear that terms of conditions of payment at rate of 50% of regular pay and nature of appointment on contract basis was inserted in advertisement by state authorities and H.P. Public Service Commission at later stage just to deprive candidates from their regular pay and their right to continue in service - High Court failed to noticed aforesaid fact and erred in holding that regularization of service is not permissible - High Court of Himachal Pradesh at Shimla in CWP and direct Respondents to provide letter of regular appointment to Appellants w.e.f. date of their initial appointment treating initial two years as on probation with further direction to provide Appellants with consequential benefits including regular scale of pay, increment, arrears of pay, seniority etc - Appeal is allowed.
JUDGMENT
1. Leave granted. This appeal has been preferred by Appellant against the order dated 27th June, 2013 in CWP No. 1553/2013 passed by the High Court of H.P. at Shimla.
2. The only question that arises for determination is whether the Appellants are entitled for regular appointment in view of the fact that they were appointed after following all procedure of selection including recommendation of the Public Service Commission and are continuing in service since long.
3. The factual matrix of the case is as follows:
In exercise of power conferred Under Section 79(C) read with Section 15of the Electricity (Supply) Act, 1948, the H.P. State Electricity Board (hereinafter referred to as 'Electricity Board') by notification dated 1st November, 2006, repealed the 1975 Recruitment and promotion regulations for the post of Assistant Accounts Officer Class-I (Gazetted)' and framed new regulations known as 'The H.P. Electricity Board Recruitment and Promotion Regulations for the post of Assistant Accounts Officer, 2006'. The said regulation prescribes the total number of posts, scale of pay, the percentage of posts to be filled up by direct recruitment/contract/by promotion, qualification etc. Relevant portion of the 2006 regulation reads as follows:
“HIMACHAL PRADESH STATE ELECTRICITY BOARD
RECRUITMENT AND PROMOTION REGULATIONS FOR THE POST OF ASSISTANT ACCOUTS OFFICER
| 1. | Name of the Post | : | Assistant Accounts Officer |
| 2. | Number of Posts | : | 44 or as determined from time to time |
| 3. | Classification | : | Class-I |
| 4. | Scale of Pay | : | Now Rs.7750-13300 |
| 5. | Whether selection or non selection post | : | Selection |
| 6. | Age for direct recruitment | : | Between 18 to 45 years |
| 7-9 | Xx xx xx | ||
| 10. | Method of recruitment whether by direct recruitment or by promotion, deputation, transfer and the percentage of posts of be filled in by various methods | : | METHOD OF RECRUITMENT i) By direct recruitment or on contract basis = 30% ii) By promotion = 70% failing both by secondment from Government Departmert’PSU’s |
| 11-14 | Xx xx xx | ||
| 15. | Selection for appointment to post by recruitment | : | Selection for appointment to the post in the case of direct recruitment (Regular) shall be made on the basis of oral or written or both the test to be conducted as per the instructions/procedure prescribed by the Board from time to time. If H.P.P.S.C. or other recruiting authority as the case may be, so considered necessary or expedient by written test or practical test the standard or syllabus of which will be determined by the commission/other recruiting authority as the case may be. |
| 15(A) | Selection for appointment to the post of Contract appointment | : | (1)(a) Under this policy the Assistant Accounts Office will be engaged on contract basis initially for one year, which may be extendable on year to year basis depending upon their performance and work and conduct on the job. However, their services will be terminated even prior to the completion of one year period, on issuance of one month notice or payment in lieu of the notice of one month, if available work load or their performance does not merit their retention. (b) The Secretary, HPSEB after obtaining the approval of the Full Board, to fill the vacant posts on contract basis, will advertise the details of the vacant posts in tow leading newspapers and invite applications from candidates having the prescribed qualifications and fulfilling the other eligibility conditions as prescribed in these Rules as well as through employment exchanges. (c) The selection will be made in accordance with the eligibility conditions prescribed in these Rules. (d) Contract appointee so selected under these Rules will not have any right to claim regu |
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