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IN THE HIGH COURT OF ALLAHABAD
Sudhir Narain, J.
ARVIND KUMAR RAI - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
C. M. W. P. 44986 Of 1998
Decided On : 03/30/2001
Regularization - Junior Engineers - Uttar Pradesh Regularization of Ad hoc Appointments (On Posts Within the Purview of public Service Commission) Rules, 1979, Uttar Pradesh Regularization of Ad hoc Appointments (On Posts Outside the Purview of the Public Service Commission) Rules, 1979, U. P. Regularization of Daily Wages Appointments on Group-C Posts (Outside the purview of U. P. P. S. Commission) Rules, 1998 - The court discussed the applicability of the 1979 Rules and the 1998 Rules for the regularization of Junior Engineers working on daily wages. It interpreted the meaning of 'ad hoc' appointments and considered previous court decisions on the regularization of daily wage employees.
Fact of the Case:
Petitioners sought regularization of their services as Junior Engineers (Civil and Mechanical) in the Irrigation Department of the State of U. P. on the grounds of working on daily wages for a significant period. They also challenged the selection proceedings undertaken by the U. P. Public Service Commission for these posts.
Finding of the Court:
The court found that petitioners working on daily wages before 1. 10. 1986 could be considered for regularization under the 1979 Rules, while those working after this date were not covered by the 1979 Rules. The court also addressed the meaning of 'ad hoc' appointments and the applicability of general principles of reasonableness and fair play for regularization.
Issues: The issues involved the interpretation and applicability of the 1979 Rules and the 1998 Rules for the regularization of Junior Engineers working on daily wages, as well as the challenge to the selection proceedings by the U. P. Public Service Commission.
Ratio Decidendi: The court held that petitioners working before 1. 10. 1986 could be considered for regularization under the 1979 Rules, while those working after this date were not covered by the 1979 Rules. The court also emphasized the need to follow recruitment rules and the potential for irregular recruitment to lead to nepotism and corruption.
Final Decision: The court directed the consideration of certain petitioners for regularization under the 1979 Rules and left the possibility of a new scheme for regularization for other petitioners. It also clarified the absorption of certain petitioners on substantive posts if they were regularized.
( 1 ) PETITIONER Nos. 1 to 9 are seeking regularization of their services on the posts of Junior engineers (Civil) while petitioner No. 10 is seeking regularization of his services on the post of junior Engineer (Mechanical ). Besides this the petitioners are seeking the quashing of the selection proceedings undertaken by the U. P. Public Service Commission, Allahabad for these posts.
( 2 ) THE petitioners allege that they are working as Junior Engineers in the Irrigation Department of the State of U. P. on daily wages under the respondent at least for the last about ten years. The details as regards the dates since when they started working are given below : name Dates of Departments starting work bagla Canal Division, Allahabad kosi Nlrman Khand-2,ramnagar arvind Kumar Rai 18. 3. 1989 Flood Works Division.
1 Allahabad. Avdhesh Narain 1. 3. 1990 -do2. Mahanarain 1. 1. 19913 Kushwaha. Vijai Kumar Arora 1. 1. 1984 Irrigation Division. Rudrapur
4. Jagat Singh Vishi 16. 8. 19865. Anil Kumar Singh 1. 11. 1987 Musa Khand Bandh Prdakhand.
6 Varanasi. Hari Shanker Pandey 20. 9. 1989 do
7. Raghvendra Kaushik 1. 11. 1987 Upari Ganga Nahar, Aligarh
8. Prakash Pandey 1. 11. 1985 Tarai Sichai Khand. Nainital
( 3 ) THE State Government has framed various rules in regard to regularization of Class III posts. They are as under :
(i) The Uttar Pradesh Regularization of Ad hoc Appointments (On Posts Within the Purview of public Service Commission) Rules, 1979, (ii) The Uttar Pradesh Regularization of Ad hoc Appointments (On Posts Outside the Purview of the Public Service Commission) Rules, 1979, (iii) The U. P. Regularization of Daily Wages Appointments on Group-C Posts (Outside the purview of U. P. P. S. Commission) Rules, 1998.
( 4 ) THE posts of Junior Engineers (Civil) and (Mechanical) come within the purview of Public service Commission. A person who is selected by the Public Service Commission is entitled for appointment to the post of Junior Engineer. The contention of the petitioners is that the post of junior Engineer in the Irrigation Department was a post which was excluded from the purview of u. P. Public Service Commission by Notification dated 25. 11. 1989 and the same was within the purview of U. P. Subordinate Services Selection Commission Act, 1998. The U. P. Subordinate services Selection Commission Act, 1998 has been repealed by the U- P. Subordinate Services selection Commission (Repeal) Act. 1998.
( 5 ) THOSE petitioners who are covered by the U. P. Regularization of Ad hoc Appointments (On posts Within the Purview of Public Service Commission) Rules, 1979 (in short 1979 Rules) can be considered for regularization of appointments under Rule 4 which reads as under :
"4. Regularization of ad hoc appointments.-- (1) Any person who : lalji Pandey 1. 1. 1990 Flood Works Division. 1 Allahabad0 (i) was directly appointed on ad hoc basis before January 1, 1977 and is continuing in service, as such, on the date of commencement of these rules ;
(ii) possessed requisite qualifications prescribed for regular appointment at the time of such ad hoc appointment : and
(iii) has completed or, as the case may be, after he has completed three years continuous service ; and shall be considered for regular appointment in permanent or temporary vacancy as may be available on the basis of his record and suitability before any regular appointment is made in such vacancy in accordance with the relevant service rules or orders.
(2) In making regular appointment under these rules, reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes, Backward Classes and other categories, shall be made in accordance with the orders of the Government in force at the time of recruitment.
(3) For the purpose of sub-rule (1), the appointing authority shall constitute a Selection committee and consultation with the Commission shall not be necessary.
(4) The appointing authority shall prepare an eligibility list of the candidates,
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