PETITIONER:
INSPECTOR GENERAL OF REGISTRATION,U.P. & ANR.
Vs.
RESPONDENT:
AVDESH KUMAR & ORS. ETC.
DATE OF JUDGMENT: 12/04/1996
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
JT 1996 (5) 365 1996 SCALE (4)392
ACT
HEADNOTE
JUDGMENT
WITH CIVIL APPEAL NOS. 7503, 7502, 7504, 7506, 7507, 7508, 7501,
7505/96 [Arising out of SLP (C) Nos.14400 & 12955/93, 2469, 4794, 7355, 7356 & 11946/94 and SLP (C) No.10503/94 (CC-26325)]
ORDER
Delay condoned.
Leave granted.
We have heard learned counsel on both sides.
Various orders have been passed by the High Court directing the State either to continue the respondents till the regular selections are made or to give them appointment till the regular selections are made and to pay them the salary attached to those posts. The respondents came to be appointed on daily wage basis in the Registration Department of the Office of the Sub-Registrars in the State of Uttar Pradesh. The controversy raised in these cases is no longer res integra. In Khagesh Kumar & Ors. vs. Inspector General of Regitration [1995 Supp.(4) SCC 182], a Bench of two Judges of this Court had gone into the controversy and given directions in paragraph 24 thus:
"For the reasons aforementioned,
the impugned judgment of the High
Court is upheld with the following
directions:
(1) The petitioners or other
similarly placed persons who were
employed as Registration Clerks on
daily-wage basis prior to 1.10.1986
shall be considered for
regularisation under the provisions
of Rule 4 of the Regularisation
Rules provided they fulfil the
requirements of Rule 4(1)(ii) and
they have completed three years’
continuous service. The said period
of three years’ service shall be
computed by taking into account the
actual period during which the
employee had worked as Registration
Clerk on daily-wage basis. The
period during which such an
employee has performed the duties
of Registration Clerk under
Paragraph 101 of the Manual shall
be counted as part of service for
the purpose of such regularisation.
(2) In the event of appointment on
regular basis on the post of
Registration Clerks, the
petitioners or other similarly
placed persons who had worked as
Registration Clerks on daily wage
basis may be given one opportunity
of being considered for such
appointment and they be given
relaxation in the matter of age
requirement prescribed for such
appointment under the Rules.
(3) The Subordinate Services
Selection Commission while making
selection for regular appointment
to the posts of Registration Clerks
shall give weightage for their
experience to the Registration
Clerks who have worked on daily-
wage basis and shall frame suitable
guidelines for that purpose.
(4) If any of the petitioners or
other similarly placed person was
required to perform the duties of
Registration Clerk as an apprentice
under paragraph 101 of the Manual,
he may submit a representation to
the appropriate authority setting
out the full particulars of such
employment within three months and
the authority concerned, after
verifying the correctness of the
said claim, shall pass the
necessary order for payment of
emoluments on daily-wage basis for
the period he is found to have so
worked on the post of Registration
Clerk. The said payment shall be
made within a period of three
months from the date of submission
of the representation."
In some of these cases also, the respondents came to be appointed subsequent to October 1, 1986 and they are seeking the same directions. All the persons who were appointed either prior to or subsequent to that date would continue on ad hoc basis till regular selections were made in the light of the directions given by this Court and the same directions would operate for payment of daily wages as envisaged in the directions pending regular selections.
It is represented that some of the candidates have become over aged. If any of the candidates, who are now working on daily wages or who had worked on daily wages, would be barred by age by the date of selection, the Selection Committee would suitably relax the age and then consider their cases along with all eligible candidates and in case the candidate came to be selected on merit according to the rules in the light of the directions, he/they would be appointed.
The appeals are accordingly allowed. No costs.