IMPORTANT POINT
Uma Devi(3) does not prohibit regularisation altogether.

Judgment

R. Banumathi, J.

Leave granted.

2. This appeal arises out of a judgment passed by the Division Bench of the High Court of Judicature at Allahabad dated 29.10.2013 in Writ Petition No.65789 of 2011, in and by which, the High Court held that on the principles laid down in the case of Secretary, State of Karnataka & Ors. Vs. Uma Devi (3) & Ors., (2006) 4 SCC 1, the appointments of the appellants were ex-facie illegal dehors Articles 14 and 16 of the Constitution of India and directed an inquiry regarding initial appointments.

3. Brief facts giving rise to this appeal are that the appellants were initially engaged on the post of Assistant Manager (Civil) by the respondent No.1–Greater NOIDA Industrial Development Authority on contractual basis for a period of 89 days. Admittedly, initial appointments of the appellants were not made against any sanctioned posts. However, their engagement continued from time to time, and the appellants have been continuously working on the said post. On 20.11.2002, the respondent authorities published an advertisement for engagement to the posts of Assistant Manager (Civil). The appellants and similarly situated persons who have been engaged on contractual basis filed a Writ Petition being Writ Petition No.54072 of 2002 seeking for a writ of mandamus directing the respondent-authorities to regularise their services on the post of Assistant Manager (Civil) and to quash the aforesaid advertisement dated 20.11.2002. The appellants contended that as they were working continuously, the respondent authorities instead of issuing a fresh advertisement should have regularised their services on the said post. By the judgment dated 28.09.2005, the learned Single Judge allowed the Writ Petition and quashed the advertisement dated 20.11.2002 and directed the respondent-authorities to consider the claim of the appellants for regularisation of their services on the existing vacancies which were directed to be filled up from the existing contractual employees as per the Regulation/Rules and fresh advertisement could be issued inviting applications from the general candidates only for remaining vacancies. Challenging the order of the learned single Judge, respondent authorities filed Special Appeal before the Division Bench being Special Appeal No.1432 of 2005.

4. Pending adjudication of Writ Petition No.54072 of 2002 before the learned single Judge, a scheme for regularization of the contractual employees was formulated by the respondent No.1 on 16.04.2003, wherein a policy was framed regarding regularization of 27 contractual employees who had been engaged initially for a period of 89 days and continued thereafter. The State Government, vide its letter dated 05.03.2008, approved the policy formulated by respondent No.1 for regularization of contractual employees. As per the said policy, 60% of the vacancies were sought to be filled up from amongst 27 contractual employees and the remaining 40% of the vacancies through direct recruitment. The special appeal being Special Appeal No.1432 of 2005 was disposed of on 13.01.2010 directing the first respondent authority to take a final decision in pursuance of the policy framed by it and approved by the State Government on 05.03.2008. Pursuant to the policy decision, the appellants and other similarly situated contractual employees were appointed on the post of Assistant Manager (Civil) vide appointment orders dated 06.08.2010.

5. After joining the said post, the appellants filed a Claim Petition No. 174 of 2011 before the State Public Services Tribunal, Lucknow praying for regularization of their services from the date of existence of vacancies, that is 20.11.2002, the date on which the advertisement was issued, for appointment to the post of Assistant Manager (Civil) and with all consequential benefits. The tribunal, vide its judgment dated 23.06.2011, allowed the Claim Petition and directed the authorities to consider the appellants’ claim for regularization of thei