The court cannot direct the regularisation of the services of employees who were appointed on leave vacancies.

S. H. A. RAZA AND BHAGWAN DIN JJ.

Heard Sri V. S. Dwivedi, learn Counsel appearing for the petitioners a: Sri Nurul Huda, learned Standing Counsel, appearing on behalf of the respodents.

2. Kendriya Hindi Shikshan Mandal/sansthan, which is a body for the promotion, advancement and spread Hindi language, issued an advertiseme in the month of November, 1988 for the selection on the post of Professor, Read Lecturer etc. The advertisement indication that there were four clear vacancies on the post of Reader and two were on the lea-vacancies. One post of Reader in Shiksha Shastra was in clear vacancy. Two posts Lecturer in Bhasha Vigyan were in clear vacancies and four were in leave vacancies In pursuance of the said advertisement the petitioner No. 1 was appointed on the post of Reader (Uprayukta) Hindi Bhasl Vigyan. The order indicated that the said appointment was temporary in nature, in asmuch as, it was on leave vacancy. The petitioners No. 2, 3 and 4 were also a] pointed as Lecturers on temporary bas on leave vacancies. The petitioner No. was appointed as Research Assistant 1 the Director/secretary of the Mandal on temporary vacancy on a leave vacancy. In all the appointments, it was indicated the such appointment would last till 31-5-1989 and thereafter the appointment shall come to an end. It was further indicated in the appointment orders that eve during that period, their services could be terminated without giving any notice, was also mentioned in the appointment letters that whenever the persons on leave would join, the services of the petitioners would automatically stand terminated.

3. It seems that the petitioners continued to perform their duties as Lecturers till 3-8-1993 when their services were terminated.

4. Mr. V S. Dwivedi, learned Counsel for the petitioners stressed that the petitioners were not appointed on leave vacancies, but they were appointed on substantive vacancies and the substantial that contention, it was submitted that the respondent-Sansthan adopted the same procedure, for appointment which is fol lowed in the case of appointments on sub stantive vacancies, meaning thereby; that the petitioners were asked to appear before a duly constituted Selection Com mittee. The Selection Committee inter viewed the petitioners and ap pointed/promoted the petitioners No. 1,2, 3 and 4 and the appointments were ap proved by the Governing Council in its meeting held on 17-8-1989.

5. It is pertinent to mention here that the petitioner No. 1 was already working as a Lecturer. In pursuance of the appoint ment letter dated 30-10-1989, he was ap pointed/promoted as Reader. The petitioners No. 2,3 and 4 were also work ing in the Sansthan as Research Assistants or in any other capacity and they were appointed as Lecturers on various dates, in the year 1989 and only the petitioner No. 5, who was appointed as a Research Assistant, was not working in any capacity under Hindi Shikshan Mandal, Agra.

6. In paragraph 22 of the petition, it was submitted on behalf of the petitioner No. 5 that she was appointed on the post of Research Assistant, which was held by one Dr. Manju Lata Sharma and on her going on leave, the petitioner No. 5 was ap pointed, but later on Dr. Manju Lata Shar ma resigned from her services and hence the appointment of the petitioner No. 5 would be deemed to be in a substantive vacancy.

8. On January 13, 1993, the petitioners submitted a representation to Sri Shanker Dayal Singh, who at the relevant time, was the Vice-President of Kendriya Hindi Shikshan Mandal, Agra, for regularisation of their services. In the said representation, the petitioners stated that they had been working on the leave vacancies since the last three years. They lad come to know that the Staff Inspection Unit had recommended to reduce the strength of the teaching staff in Hindi shikshan Mandal and in pursuance of the said report, it was being proposed to terminate the services of the petitioners. In heir representation, they state

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