Point of Law: When an appointed person possesses all the requisite qualification but the prescribed procedure for appointment had not been followed, such appointment is termed as irregular appointment.

JUDGMENT :

Arup Kumar Goswami, J.

Heard Mr. Raghavendra Pradhan, learned counsel for the appellant. Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General for the respondent No. 1 as well as Mr. Sudeep Verma, learned counsel for the respondent No. 2.

2. This appeal is presented against order dated 05.12.2018 passed by the learned Single Judge in Writ Petition (S) No. 8005 of 2018, whereby the writ petition filed by the appellant was dismissed. The order of the learned Single Judge reads as follows:

“1. The claim of the petitioner in the present writ petition is for directing to respondents to consider the claim of the petitioner for regularization on the post of Assistant Grade – III.

2. After perusal of the records and the contention of the writ petition it would reveal that the petitioner does not have the minimum qualification which is required for appointment to the post of Assistant Grade III. This Court is not inclined to entertain the writ petition only on this ground. The claim for regularization can only be considered in respect of a person who otherwise has all the requisite qualification and eligibility criteria required for the post to which he is claiming regularization. The regularization can never be granted ignoring the minimum qualification eligibility prescribed under the Service Rules.

3. Given the facts, this Court does not find any case made out by the petitioner. Accordingly, the writ petition being devoid of merits is dismissed.”

3. The case of the appellant, as presented in the writ petition, is that he was appointed (no date mentioned) as a daily-wage employee for clerical works on ‘Collector Rate’ by the Project Officer, District Rural Development Agency (for short, DRDA) and he continued to work as such till 31.01.2000. By an order dated 31.01.2000, issued by the Government of Madhya Pradesh, his service was terminated and on a challenge being made in Original Application No.1724/2000 before the State Administrative Tribunal, the termination order was set aside and he was reinstated in service. After rendering 14 years of service, he filed Writ Petition (S) No. 4969 of 2009 and the said writ petition was disposed of by an order dated 03.09.2009 providing that if the appellant makes a representation, such representation shall be decided in accordance with law. Thereafter, he filed a representation dated 03.11.2009 before the respondent No. 2 for regularising his service on his post on and from 05.03.2008 in terms of a circular dated 05.03.2008 issued by the State Government to regularise the services of the daily-wage employees. On consideration of the said representation, the respondent No. 2 appointed him to the post of Assistant Grade III (for short, AG-III) by issuing an order dated 06.01.2010 and a condition, being condition No 6, was imposed to the effect that he shall have to pass examination in Hindi Typewriting @ 25 words per minute. Despite the completion of two years of probation, he had not been regularised and was also not granted increment on the ground that the appellant had not submitted a pass certificate of Data Entry Operator/Programming with speed of 5000 key depression per hour. It is pleaded that clause 3 of the circular dated 05.03.2008 issued by the General Administration Department provided that if any employee had the requisite qualification prior to 31.12.1997 and fulfills the criteria of that post, he shall be regularised on that post. It is stated that he had fulfilled conditions of the post he was holding. It is pleaded that as the appellant crossed the age of more than 45 years, he is exempted from passing examination in Hindi Typewriting in view of notification dated 29.01.1983; that the appellant had submitted certificates regarding passing of Hindi and English Typewriting at the time of his appointment as daily wage employee; that the appellant had submitted certificate of experience as a Typist-cum-Clerk for the period from October, 1991 to January 1994 and from Apr