Temporary employees or casual wage workers cannot claim to be absorbed in regular service or made permanent unless the original appointment was made by following a due process of selection as envisaged by the relevant rules.

J. M. MALIK, J.

( 1 ) THE petitioner is in service on contractual basis. Her appointment letter dated 28th June, 2002 reads:

I am directed to offer you the contractual appointment as Project Workers on a consolidated monthly remuneration of Rs. 4,500 /- under terms and conditions enclosed for a period of four (4) months w. e. f. 1st april, 2002 to 31st July, 2002. The Commission, however, reserves the right to terminate the services at any time during contract with notice of 15 days or remuneration in lieu of notice period without assigning any reason thereof. You are requested to sign the terms and conditions of contract as a token of acceptance within three days of receipt of this letter failing which the offer stands terminated without further reference to you.

Yours faithfully,

Sd /- (ALKA SHARMA)

Assistant Secretary Delhi commission for Women.

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. 6]. 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 ) ON 27. 10. 2004, the petitioner received the following memorandum:"since the Finance Department, Government of NCT of Delhi has concurred to your appointment in the Delhi Commission for Women on contract basis only up to March 31, 2004 as per the terms and conditions of your appointment, 15 days' notice of termination of service is hereby given with effect from 3rd November, 2004 This issues with the approval of Member Secretary, DCW. "

( 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 Record Keeper 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 passed on 09. 11. 2004, the respondent was directed not to terminate the services of the petitioner till further orders.

( 4 ) AT the very outset, learned counsel for the petitioner argued that the latest Constitution Bench case reported in Secretary, State of Karnataka versus Uma Devi, 2006 (4) SCC Page 1 rather supports the case of the petitioner. He has drawn my attention towards para 44 of the said judgment, which is reproduced as follows:"44. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S. V. Narayanappa (supra), R. N. Nanjundappa (supra), and B. N. Nagarajan (supra), and referred to in paragraph 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years