Full Judgment Text
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PETITIONER:
STATE OF HIMACHAL PRADESH
Vs.
RESPONDENT:
SURESH KUMAR VERMA & AAR.
DATE OF JUDGMENT: 24/01/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
AHMAD SAGHIR S. (J)
G.B. PATTANAIK (J)
CITATION:
1996 AIR 1565 JT 1996 (2) 455
1996 SCALE (2)307
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned.
We have heard the counsel on both sides. This
appeal by special leave arises from the orders passed
by the High Court of Himachal Pradesh. In this case in
CWP No.722/93 dated 10.9.1993, the Division Bench of
the High Court has disposed of the matters on the
ground that the respondents were re-engaged as
Assistant Development Officers on daily wages pursuant
to the direction by it . It is settled law that having
made rules of recruitment to various services under the
State or to a class of posts under the State, the State
is bound to follow the same and to have the selection
of the candidates made as per recruitment rules and
appointments shall be made accordingly. From the date
of discharging the duties attached to the post the
incumbent becomes a member of the services. Appointment
on daily wage basis is not an appointment to a post
according to the Rules.
It is seen that the project in which the
respondents were engaged had come to an end and that,
therefore, they have necessarily been terminated for
want of work. The Court cannot give any directions to
re-engage them in any other work or appoint them
against existing vacancies. Otherwise, the judicial
process would become other mode of recruitment de hors
the rules.
Mr. Mahabir Singh, learned counsel for the
respondents contended that there was an admission in
the counter affidavit filed in the High Court that
there were vacancies and that, therefore, the
respondents are entitled to be continued in service. We
do not agree with the contention. The vacancies require
to be filled up in accordance with the rules and all
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the candidates who would otherwise eligible are
entitled to apply for when recruitment is made and seek
consideration of their claims on merit according to the
Rules for direct recruitment along with all the
eligible candidates. The appointment on daily wages
cannot be a conduct pipe for regular appointments which
would be a back-door entry, detrimental to the
efficiency of service and would breed seeds of nepotism
and corruption. It is equally settled law that even for
Class IV employees recruitment according to rules is a
pre-condition. Only work-charged employees who perform
the duties of transitory nature are appointed not to a
post but are required to perform the work of transitory
and urgent nature so long as the work exists. One
temporary employee cannot be replaced by another
temporary employee.
Under these circumstances, the view of the High
Court is not correct. lt is accordingly set aside. It
is mentioned that the respondents have become overaged
by now. If they apply for any regular appointment by
which time if they become barred by age the State is
directed to consider necessary relaxation of their age
to the extent of their period of service on daily wages
and then to consider their cases according to rules, if
they are otherwise eligible.
The appeel is accordingly allowed. No Costs.