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TMI Blog2003 (4) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... roached the High Court by filling a Writ Petition seeking regularisation of their services with a grant of regular pay-scales. The learned Single judge allowed the Writ Petition and gave direction to regularise their services and also to grant pay-scale applicable to the post of Assistant Manager. Initially the Writ Petition was allowed in the absence of representation by the Corporation, but after hearing on the application made for recalling the order passed by the learned Single Judge, the same order was passed upholding the direction given for regularisation on grant of pay-scales. Aggrieved by the order of the learned Single Judge, the appellant-Corporation filed Special Appeal before the Division Bench of the High court. The Division Bench did not find any merit in the appeal and in that view, concurring with the order of the learned Single Judge, dismissed the Special Appeal. Hence this appeal. In order to appreciate the rival contentions, we think it appropriate to refer to certain documents. The notes and order dated 2/11/1990/ prepared by the Director of Corporation, on which a claim is made by the respondents herein, reads thus: Work is proposed to be assigned. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -91/Assistant Managers/(P)/ 2275-B dated 14.1.91 issued by this office. You are required to attend the office of Sr. Deputy Manager, Jaunpur (Reclamation Development Project Million Wells Scheme, 88/A Charka Colony, Hussainabad, Jaunpur) for training by 25.2.91. During the period of training you will be paid ₹ 1200 (twelve hundred only) per month as training allowance. Besides this nothing shall be payable. Travelling expenses shall be paid, if done exclusively, for the Corporation. No travelling expenses will be paid for the first contribution. If you do not attend upto 25.2.91 in that case, your selection shall be deemed as cancelled. Copy to : 1. Sr. Deputy Manager, Jaunpur under Reclamation Development Project, Million Wells Scheme, 88/a Charka Colony, Hussainabad, Jaunpur with a view to make arrangement for training and enable the trainees to contribute. The relevant portions of the letter of Joint Secretary, U.P. Government dated 22nd February. 1993 addressed to the Joint Director of the Corporation is to the following effect: With reference to the above mentioned subject vide your D.O. letter No. 1647 dated 24.12.92 I have been directed to state that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrived at by the Division Bench of the High Court are unsustainable. In support of his contention that with the closure of a project work or the scheme coming to an end, the employees appointed for the purpose of a scheme or a project work do not have any vested right and they cannot insist or claim for regularisation of their services. He cited few decisions of this Court : (1) Jawahar La! Nehru Krishi Vishwa Vidyalaya, Jabalpur, M.P. v. Bal Kishan Soni and Ors., [1997] 5 SCC 86 ; (2) Ashwani Kumar and Ors. v. State of Bihar and Ors., [1997] 2 SCC 1 ; (3) State of U.P. and Ors. v. Ajay Kumar, [1997] 4 SCC 88 and (4) Committee of Management, Arya Nagar Inter College, Arya Nagar, Kanpur through its Manager and Am: v. Sree Kumar Tiwary and Am:, [1997] 4 SCC 388. Per contra, Mr. K..B. Sinha, Learned Senior Counsel representing the respondent urged in support and justification of the impugned judgment and order. According to him, names of the respondents were called for from the Universities ; the respondents were qualified and have rendered satisfactory service for about three years without any complaint and merely because they were sent for training under 'Million Wells Scheme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 25/2/1991; during the period of training, they would be paid ₹ 1200 per month as training allowance. A copy of the said letter was also given to the Senior Deputy Manager, Jaunpur (Reclamation Development Project, Million Wells Scheme). We may say that this letter does not say more than calling the candidates to join for the purpose of training, that too under the 'Million Wells Scheme'. The letter dated 22/2/1993 of the Joint Secretary, U.P. Government extracted above, in clear terms states that 260 posts of different categories were created for the appellant-Corporation, against which 140 posts were already occupied by the incumbents and 120 posts were still left vacant ; those 120 posts were kept suspended and in lieu thereof permission was given to fill 107 posts temporarily newly created for the purpose of U.P. Sodic Land Reclamation Project sponsored by the World Bank. From these documents it is clear that the respondents were never recruited as against regularly sanctioned posts on a regular basis. Reading of these documents and the contentions raised on either side go to show that the appointments of the respondents were temporary under the 'Million W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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