Statutory rules prevail over administrative instructions, and the court cannot issue directions contrary to rules and policies formulated for recruitment and appointment to posts under public authorities.

S. RAVINDRA BHAT, J.

( 1 ) ISSUE Rule. In these writ proceedings, common question of facts of law arise for consideration. In W. P. (C) 15935/2004, the petitioner has raised an additional issue which would be considered later during the course of the judgment. With consent of learned counsel for parties, the above writ petitions were heard finally, today.

( 2 ) ALL the petitioners in these cases were appointed to various posts such as pump Drivers/assistant Pump Drivers/fitters/sewer Cleaning Machine Driver etc. They were initially appointed by the erstwhile Delhi Water Supply and Sewage board which was under the statutory and administrative control of the Municipal corporation of Delhi (MCD ). Subsequently, with enactment of the Delhi Water board Act, 1998, a Board by the name of Delhi Jal Board (DJB) was created. The petitioners services were transferred to the Board which is the common respondent in all these proceedings.

( 3 ) IT is contended on behalf of the petitioners that they were all recruited to the positions/posts, by the erstwhile D. W. S. S. B. in the 1980s and 1990s. Initially they were engaged on ad hoc/daily wages basis and later assigned to the duties in respect of the posts which they are currently holding. It is also the case of the petitioners that all of them are holders of Diploma in mechanical Engineering. It is claimed that the respondent acted arbitrarily and contrary to law in continuing them in the same post without any further career progress.

( 4 ) MR. Rustagi, learned counsel for the petitioner placed reliance upon a circular of 1987 as well as a policy decision dated 20. 1. 1992, of the erstwhile mcd. The proposal and the final decision of the MCD of 1992 read as follows:"proposal with a view to solving this problem, it is proposed to adopt a policy for regularisation of daily waged employees performing technical jobs in a phased manner with the following conditions/ingredients: i) All the daily waged technical employees who have worked continuously for more than 4 years without any break (for this purpose absence of 30 days from duty in a year will not be treated as break. However, absence beyond 30 days between 2 spells of daily waged engagement will be treated as break and the earlier service rendered as daily wager, will not be counted for the purpose of regularisation) would become eligible. ii) All these daily waged employees will be considered for regularisation against the lowest rung of the cadre where direct recruitment is provided in the recruitment Rules. iii) Only those employees will be considered for regularisation who fulfill the requirement of the lowest rung of the post in the cadre. iv) None of the daily wages, who is facing vigilance case, or whose services have earlier been terminated or who have been awarded punishment on account of any vigilance enquiry, will be eligible for regularisation. v) Till such time as the regularisation of all such employee is over, no direct recruitment will be made and where-ever it is found necessary to create some posts to accommodate the daily waged employees, the same will be created with the approval of the D. W. S. and S. D. Committee. vi) Any new creation of the posts (for the purpose of regularisation) will be adjusted against the future proposal of creation of the posts. The matter may be please be placed before the Authority vested with the powers of DWS and SD Committee/corporation under Section 490 (2) (b) of the D. M. C. Act, 1957 to approve the policy decision as contained in para (i) to (vi ). for Commissioner item No. 1901: decision no. 1941/gw/ Proposals contained in Commissioner s letter no. Corp. Dated 20. 1. 92. 76/dwsandsdu dated 17. 1. 1992 regarding regularisation of muster roll employees working as technical Worker and fulfilling the recruitment of recruitment rules are approved. "

( 5 ) IT is contended that the petitioners are eligible and hold educational qualifications for appointment to the post of Work Assistants. L

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