Regularization of services should be considered on merits and should not bypass the constitutional requirement.

J. M. MALIK, J.

( 1 ) THE petitioner was appointed as Driver on 9. 6. 2000 on daily wage basis. The petitioner initially was being paid a consolidated salary of Rs. 3000/- per month. However, no appointment letter was issued to the petitioner, only an application was got signed from him. However, on 08. 11. 2000, the petitioner was informed by a letter that his services will be for a period of three months w. e. f. 28. 8. 2000 to 27. 11. 2000 on contract basis, which runs as follows:

I am directed to offer you the appointment of driver on contract basis on a monthly remuneration of rs. 3000 p. m. The appointment will be for a period of 3 months w. e. f. 28. 8. 2000 to 27. 11. 2000. You are required to work under the project 'sahyogini'. The Commission, however, reserve the right to terminate the services at any time without assigning any reason thereof.

Yours faithfully,

Sd /- (ALKA SHARMA)

Asstt . Secy. ( DCW)

The terms and conditions of the contract are these:1]. The contract period shall commence as mentioned in the offer letter. The appointment will stand terminated after specified period or the completion of the Project, whichever is earlier. 2]. This appointment can be terminated by giving 15 days notice or 15 days remuneration in lieu of the notice for such termination of contract and Commission shall not be liable for communicating any reason for the same. The appointment shall give mandatory 15 days notice before termination of contract. 3]. The incumbent of the post being offered will have to work for the project assigned to him/her and any other work assigned by the Member-Secretary from time to time. 4]. The appointee will employ himself/herself efficiently and diligently and will devote his/her whole time to the duties assigned and will not engaged directly or indirectly in any trade or occupation on his/her own account. 5]. the contract appointee shall not be entitled to any leave. He/she will be governed by the normal Delhi Govt. 's holiday during the period. However, 10 days Casual Leave per year would be permitted to be considered on quarterly basis. 6]. At the termination of the appointment, the incumbent shall not be entitled to any terminal benefits. 7]. The contract will not entitled the candidate to any right of regular appointment in the Commission or claim for seniority for purpose of employment in the Commission. "

( 2 ) IN the petition, it is averred that petitioner was shocked to receive a letter dated 27. 10. 2004, wherein he was served with 15 days notice of termination of service w. e. f. 3. 11. 2004 Although, the petition mentions that a copy of the letter dated 27. 10. 2004 is being attached herewith, yet, on the perusal of the writ petition, it has transpired that it contains the memorandum in respect of seven persons including Ms. Meena Kumari and Mr. Joginder Kumar, whose cases are also pending and all the three petitioners have engaged the same Advocate. However, the name of petitioner Sanjeev Kumar in the above said memorandum is conspicuously missing. Memorandum pertaining to Sanjeev Kumar was not produced on the file. When the learned counsel for the petitioner was confronted with this question, he conceded that he did not have any document concerning Sanjeev Kumar. However, in the counter affidavit the respondent has admitted that this is a matter of record and it needs no further reply. Consequently, this is an admitted fact and needs no further evidence. It is not out of place to mention here that all the three cases pertaining to all the above said petitioners are being decided today itself.

( 3 ) IN this writ petition the petitioner has prayed that appropriate writ be issued, the impugned order dated 27. 10. 2004 be quashed, the respondent be directed to consider to regularize the petitioner in the post of Driver and the petitioner be put in appropriate pay scale as drawn by the equally placed persons in other Government departments/agencies etc. Vide order of this Court pass