Regularisation of service depends on Service Rules.

Markandey Katju, CJ.

The writ appeals have been filed against the judgment of the learned single Judge dated 04.07.2003 in W.P.Nos.18479 to 18483 of 2003.

2. Weheard learned counsel for the appellants and we find no merit in these appeals.

3. The facts in detail have been set out in the judgment of the learned single Judge, and hence, we are not repeating the same, except those which are necessary.

4. It appears that the appellants were appointed in the service of Tamil Nadu Housing Board in 1989 on daily wages basis.They filed W.P.Nos.8175 to 8179 of 2001 seeking regularization of their service. This Court, by order dated 10.03.2003, directed the second respondent, the Chairman & Managing Director, TNHB to consider their representations and accordingly, their representations were considered and rejected by the following order dated 09.06.2003:-

“The Board resolved the following after detailed discussion:

Considering that there are no construction activity at present in Tamil Nadu Housing Board and taking into consideration the reduction of staff, the request of the petitioners was examined in depth on the above analogy. The Board is of the considered view not to accede to the request of the petitioners representation dated 03.08.2000 and accordingly reject it.”

5. A perusal of the above order shows that the representation of the appellants was rejected because of reduction of staff in the Housing Board. In our opinion, the ground given for rejecting the representation, namely, reduction in staff, was a valid and reasonable one.

6. It is well settled that regularisation of service depends on the Service Rules and there is no right to get regularization unless provided for in the Rules.

7. The appellants being temporary appointees have no right to continue in service, vide State of U.P. & Another Vs. Kaushal Kishore Shukla, (1991) 1 SCC 691; Triveni Shankar Saxena Vs. State of U.P., AIR 1992 SC 496 (vide para 26) etc. A daily wage employee is only a temporary employee, and hence has no right to the post.

8. In E.Ramakrishnan and Others Vs. The State of Kerala and Others JT 1996 (9) SC 286 and Union of India Vs. Bishamber Dutt, JT 1996 (1) SC 329 the Supreme Court observed that where an appointment was not on regular basis the Government cannot take any decision contrary to the Constitution to regularize the service of candidates de hors the recruitment rules and statutory process for selection through the Public Service Commission.

9. In our opinion, regularization can only be made in accordance with the service rules as held by the Supreme Court in State of Haryana and Others Vs. Piara Singh and Others, AIR 1992 SC 2130 and J.K.Public Service Commission Vs. Dr.Narinder Mohan, 1991 (1) SCC 28. Appointments de hors the rules are invalid as they violate public policy as well as Article 16 of the Constitution vide Smt.Ravindra Sharma and Another Vs. State of Punjab and Others, 1995 (1) SCC 138; Smt. Harpal Kaur Chahal Vs. Director, Punjab Instructions, 1995 (Suppl) 4 SCC 706; Bagwan Singh Vs. State of Punjab and Others, 1999 (9) SCC 573; Chancellor Vs. Shankar Rao and Others, 1999 (6) SCC 255, etc.

10. Recently, a Division Bench of the Allahabad High Court in State of U.P. and Others Vs. U.P.Madhamic Shiksha Parishad Shramik Sangh and Others, 2004 (1) UPLBEC 77 held that for getting regular appointment the candidates have to face a regular selection in accordance with the rules and they cannot be regularized without such selection, otherwise Article 16 of the Constitution will be violated. We agree with this view.

11. In State of Orissa Vs. Sukanti Mohapatra, AIR 1993 SC 1650 the Supreme Court observed that appointment in disregard to the rules cannot be allowed to be regularized merely by invoking the provisions of relaxation. Invoking the power of relaxation in such cases will amount to total suspension of the rules, and regularization of such appointment by relaxation will be illegal.

12. In R.N.Nanj