Regularization or permanent absorption cannot be granted in violation of recruitment rules, and appointments must comply with the constitutional scheme and relevant rules.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings issued by first respondent in Letter No.38449/C.C.1(3)/2013-4 dated 01.10.2014 and to quash the same and consequently directing the respondents to regularize the services of the petitioners with regular time scale of pay in the post of Vocational instructor based on the length of service rendered by them as it was done in all similarly placed persons as per G.O.Ms.No.35, School Education Department dated 09.02.2007 with all consequential and other attendant benefits.)

The order impugned dated 01.10.2014 rejecting the claim of the writ petitioners for regularization and permanent absorption in the sanctioned post of Vocational Instructor is under challenge in the present Writ petition.

2. The writ petitioners were appointed as part time vocational instructors in Government Schools through Parent Teacher Association (herein after referred to as 'PTA') on consolidated pay. The grievance of the writ petitioners is that they are continuing as part time vocational instructors for several years and therefore they are entitled to be regularized in the sanctioned post in the regular time scale of pay.

3. The petitioners submitted their representations to grant the benefit of regularization based on the Government Order issued in G.O.Ms.No.35, School Education Department, dated 09.02.2007. The said Government Order issued in G.O.Ms.No.35 dated 09.02.2007 was issued for the purpose of filling up of the sanctioned post from amongst the eligible temporary part time vocational instructors on priority basis. However, such appointment on permanent basis in a sanctioned post based on the said Government Order cannot be granted as a matter of right. The Government Order unambiguously stipulates that the person who is fully qualified, must be given priority for appointment.

4. The validity of the said Government Order at this length of time is questionable, in view of the principles settled by the Constitution Bench of the Hon'ble Supreme Court of India in the case of State of Karnataka Vs. Uma Devi reported in 2004 (4) SCC 1 which became the law on the subject of regularization and permanent absorption. The Government Orders issued years back cannot be implemented. Any decisions which are running counter to the principles laid down by the Hon'ble Constitution Bench of India cannot be followed at this length of time and in the event of any such consideration, the Courts are violating the principles settled by the Constitution Bench and by the subsequent judgments of the Apex Court.

5. Once the Constitution Bench has settled the principles regarding the regularization and permanent absorption, any Government Order running counter to the principles, cannot be implemented and based on such Government Orders, benefits cannot be conferred by the Courts. The said position also has been unambiguously stipulated by the Constitution Bench of Hon'ble Supreme Court of India in Paragraph 54 of the Judgment. In Paragraph 53 of the Judgment, the Hon'ble Supreme Court of India has given one time measure for the purpose of regularizing the services for the purpose of clearing the proposals, which all were pending before the Government for regularization. Such one time measure granted cannot be continued for an indefinite period. In Paragraph 54 of the said judgment, the Hon'ble Supreme Court in unambiguous terms held that 'It is also clarified that those decisions which run counter to the principle settled in this decision, or in which directions running counter to what we have held herein, will stand denuded of their status as precedents.' Therefore all the judgments and Government Orders running counter to the principles laid down by the Constitution Bench of the Hon'ble Supreme Court of India stands denuded of their status as precedents and the said Government Orders or