Regular appointments should be made through open competitive processes against sanctioned vacant posts, and part-time temporary employees are not entitled to seek regularization or parity in pay with regular employees.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second and third respondents herein to regularize the petitioner services as a Clerk (Assistant) and confer regular time scale of pay with due regards to petitioner's seniority.)

1. The writ of Mandamus has been instituted to direct the 2nd and 3rd respondents, to regularize the petitioner's services as a Clerk (Assistant) and confer regular time scale of pay with due regards to petitioner's seniority.

2. The petitioner states that he joined as a Clerk in the year 1997 in the 3rd respondent / Government Polytechnic College Hostel. While so, he was not permitted to continue his duties with effect from June 2014 onwards. The petitioner was paid with the consolidated pay of Rs.12,100/- per month as on March 2014. Initially, he was engaged as consolidated pay employee for a sum of Rs.1,000/- per month. The petitioner has sent repeated representations to regularise his services in the sanctioned post in the Government Polytechnic College Hostel. However, the said request was not considered by the authorities. The 3rd respondent on 23.05.2014, directed the writ petitioner to hand over the accounts and key to the Deputy Warden of the Hostel. The petitioner sent a reply on 26.05.2014, asking the authorities to take decision as per the service conditions. However, no order has been passed by the competent authorities.

3. The petitioner states that the Assistant Provident Fund Commissioner, passed an order bringing the Government Hostel as establishment within the meaning of the Employees Provident Fund and Miscellaneous Provisions of the Act, 1952. In view of the fact that the petitioner was continuously working for several years, his case is to be considered for grant of regularisation and permanent absorption.

4. The learned counsel for the petitioner made a submission that in the place of the writ petitioner, another consolidated employee was appointed. Temporary employment cannot be replaced with another temporary employee and therefore, the case of the writ petitioner is to be considered for regular appointment.

5. The learned Additional Government Pleader objected the said contentions by stating that the writ petitioner was not even appointed in accordance with the Recruitment Rules in force. He was engaged as consolidated pay employee on temporary basis and no appointment order was issued during the relevant point of time. He was engaged as temporary part time Accountant in the Hostel to look after the Hostel accounts and the key was also handed over to him. Since, he was a part time Assistant, his services were discharged on account of the fact that his services were not needed for the Hostel. The appointment of the writ petitioner was made to look after the Hostel records and it was not a full time job. Thus, the request of the writ petitioner for grant of regularisation was not considered.

6. It is contented that the writ petitioner was not appointed in accordance with the Service Rules in force in the sanctioned post and therefore, he has no right to claim the benefit of regularisation or permanent absorption.

7. The learned counsel for the petitioner brought to the notice of this Court that certain other temporary employees are also working in similar manner on temporary basis. Nearly about 12 such part time employees were engaged in the Hostel by the authorities to perform various jobs. However, it is not made clear, whether such posts were sanctioned by the Government or not, since, the 3rd respondent is a Government Polytechnic College. In the event of any such sanctioned post, selection or appointments are to be made strictly in accordance with the Recruitment Rules in force.

8. This Court is of the considered opinion that in order to meet out certain emergency circumstances or to run the students hostel, the authorities are engaging temporary employees on part time basis or on some occasions on