The main legal point established in the judgment is that irregularly appointed individuals may be eligible for regularization under certain conditions, as per the principles established in Uma Devi (2006 4 SCC 1) and M.L. Kesari (2010 9 SCC 247). The judgment also emphasizes the need for public appointments to be in accordance with the constitutional scheme, with wide publicity and equal participation.

JUDGMENT

Jasmeet Singh, J. - CM APPL. 32886/2021(Exemptions)

Allowed, subject to all just exceptions.

The application stands disposed of.

LPA 339/ 2021& CM APPL. 32866/2021

1. This Appeal has been filed by the Appellant being aggrieved by the judgment dated 15.07.2021 whereby the learned Single Judge of this Court dismissed WP(C) 6519/ 2021 titled as "Yashika Arora vs. Govt. of NCT Delhi & Anr."

2. The above writ petition was filed by the Appellant seeking quashing of the order dated 26.06.2021, whereby services of the Appellant as Data Entry Operator (DEO) were terminated. In addition, the Appellant also prayed for quashing of the order dated 30.06.2021, whereby the Principal & District Sessions Judge (Central) Tis Hazari Court, concurred with the reasoned recommendation of the Committee which rejected the representations of the Appellant for regularization of her services to the post of DEO. The Appellant further prayed for regularization of her services as a Data Entry Operator.

3. It is the case of the Appellant that the Appellant was offered appointment to the post of Data Entry Operator (DEO) Grade A, purely on ad hoc basis in the pay scale of Rs. 4000-6000/- vide offer of appointment dated 26.04.2008.

4. The Appellant was posted in Accounts Branch, Tis Hazari Courts, Delhi. On the same day, the Appellant joined her services. As per the Appellant, the offer of appointment nowhere mentioned the period for which the Appellant was appointed. It merely stated that the Appellant is being appointed purely on an ad hoc basis.

5. Subsequently, vide corrigendum dated 06.11.2008, the Respondents - in modification of the appointment letter dated 26.04.2008, ordered that the appointment of the Appellant will be valid for a period of one year from the date of appointment, purely on ad hoc basis until further orders.

6. On 08.05.2009, the Respondent addressed a letter to the Appellant seeking her willingness to continue to work on the post of Data Entry Operator, Grade A for another period of one year.

7. The Appellant agreed to continue to work, and vide letter dated 11.05.2009, the Respondents extended her services for another year. The Appellant was granted annual increments as well as pay revision as per 6th CPC recommendations. The Appellant, time and time again, received various offers from the respondent to extend her services for periods varying from a few months, to a whole year.

8. In 2012, new Rules were issued by the Respondents for filling up the post of Data Entry Operator, Grade A. As per the Appellant, the Appellant fulfilled all these criteria and is fully qualified and eligible to be appointed as Data Entry Operator, Grade A on regular basis.

9. The Respondent, Government of NCT Delhi, came out with an office order dated 19.10.2015, in line with the judgment of Supreme Court in Secretary State of Karnataka & Ors. v/s Uma Devi & Ors., 2006 4 SCC 1,wherein the Respondent has approved a general policy of regularization of contractual employees, which reads as under: -

"GOVERNMENT OF NATIONAL CAPITAL TERRITORY OFDELHI

(SERVICES DEPARTMENT BRANCH - IV)

7TH LEVEL, B-WING, DELHI SECRETARIAT,

I.P. ESTATE, NEW DELHI- 110002

No.F.19(11)/2015/S.IV/1890-96 Dated: 19/10/2015

ORDER

The Government of National Capital Territory of Delhi has considered the issue of regularization of the Contractual employees working in various departments of Govt. of N.C.T. of Delhi and approved the following general policy for regularization of the contractual employees vide Cabinet Decision No.2223 dated 06.10.2015:-

In line with the Uma Devi judgment, Government of National Capital Territory of Delhi makes the following policy for contractual employees working against regular posts:-

1. Every department should formulate a scheme to fill up all vacant posts.

2. Contractual employees working against these posts should be allowed to apply with following conditions:-

(a) They should be given age relaxation.

(b) They should be given appropriate and adequate weightage of expe