Contractual employment lacks the basis for regularization when appointments are made in violation of statutory provisions, emphasizing the necessity for adherence to legal recruitment processes.

JUDGMENT

Yashwant Varma, J. (ORAL)

1. The petitioners here were engaged on contractual basis in the third respondent Institution. They were engaged in the capacity of Bus Drivers (petitioner Nos. 1 to 3), Bus Conductors (petitioner No. 4) and Gardeners (petitioner No. 5). They are stated to have been appointed on a consolidated pay as per the particulars set forth in paragraph 3 of the writ petition. Undisputedly no appointment letters are stated to have been issued in their favour. The writ petition itself has been preferred seeking the following reliefs: -

"a) Issue a writ of Mandamus or any other appropriate writ or direction for the respondent to release the salaries/arrears of the petitioners from the date of their respective appointments as per pay scales granted to similarly placed employees of govt. schools.

b) Issue a writ or direction for the respondent to regularize the services of the petitioners from the date of their respective appointments and issue them letters of appointment in accordance to the rules under the Delhi School Education Act, 1973.

c) Directing the authorities concerned to keep a regular account of such deductions, furnish to each of the petitioners pass-books, etc. containing details of such deductions from his/her salary in the past and to give such details in future in accordance with the relevant rules.

d) Directing the respondents not to terminate the services of the petitioners at their whims and fancies and/or as punishment for the petitioners protesting against the illegal acts of respondent No. 3 under the protection of respondent No.1& 2.

d) Directing the respondents to disclose their provident fund account Nos. and amounts deposited in the same till date and further direct the respondent No.3 to produce the salary register before this Hon'ble Court and/or direct respondent No.2 to take possession of the salary register and provident fund register maintained by respondent No. 3."

2. The principal grievance which was raised was with respect to the claim for regularisation and for the payment of salaries and other benefits at par with other employees of aided and recognized institutions. Undisputedly it is the provisions of the Delhi School Education Act, 1973 [the Act] which would govern. When the writ petition was initially entertained on 20 May 2015, a learned Judge of the Court proceeded to pass the following order: -

"1. Learned counsel for the petitioners argues that issue in the present case is fully covered in favour of the petitioners in terms of the judgment passed by this Court in the case of Army Public School & Anr. Vs. Narendra Singh Nain & Anr. in W.P.(C) No. 1439/2013 decided on 30.8.2013 , and wherein it has been held that the contractual employees after the third year of service will stand regularized if their appointments were originally not for administrative exigency under Rule 105(3) of the Delhi School Education Act & Rules, 1973. Narendra Singh Nain's case (supra) has been thereafter followed in a series of judgments by this Court and those judgments are referred to in the judgment recently delivered by this Court in the case of Renu Barrot Vs. Director of Education & Ors. in W.P.(C) No.6180/2013 decided on 27.4.2015.

2. It is argued that the petitioners continue as contractual or adhoc employees of the respondent no.3/School till date.

3. In view of the arguments urged on behalf of the petitioners, till further orders unless varied by the Court, respondent no.3/School will