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TMI Blog2007 (5) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... authorised permanent and temporary strength of the various grades of the service shall be such as may, from time to time, be determined by or under the authority of the Board. Provided that the competent authority may make temporary additions to any grade of the service as found necessary in the interest of the work of the Sangathan. 6. Recruitment (i) The method of filling up of the posts in the various grades of the Service, age limit and other qualifications relating thereto shall be as specified in Schedule I (In case of posts not covered in Schedule I, procedure, qualifications and similar matters shall be determined by the Commissioner). Provided that the upper age limit prescribed for direct recruitment may be relaxed in the case of candidates belonging to the Scheduled Castes/Scheduled Tribes and other specified categories of persons in accordance with the orders issued in this behalf from time to time by the Central Government. (ii) Appointments by direct recruitment or by promotion of departmental candidates shall be made, except when there are special reasons to be recorded in writing with the approval also of the Chairman, in the order in which the names of eligible ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been prepared and the appointing authority considers it necessary and expedient to do so, a vacancy in any grade of the service may be filled on ad-hoc and temporary basis by the appointment of a person or persons otherwise eligible for appointment thereto: (i) for a period not exceeding six months ; or (ii) for the period for which a select panel in respect of the particular post/grade is not prepared as per Rule 7, whichever is less. (2) Every appointment under Sub-rule (1) shall be made only as a temporary arrangement and no such appointment shall be deemed to confer on the appointee any right or claim to the respective grade/post or to seniority in that grade. 2. Teachers in terms of the said rules are appointed on All India basis. To cater the need of the students and the schools run by appellant throughout the country which are about 854 in number, the services of the regular teachers are liable to transfer all over India. Advertisements were issued by the appellant in some local newspapers inter alia for its Hyderabad Institution for primary teachers on leave vacancies. Pursuant thereto or in furtherance thereof the names of the respondents were registered with the local em ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought fit to rely upon a Division Bench decision of the Jammu and Kashmir High Court in LPA (SW) No. 199 of 1995. It was directed: ...The petitioners are accordingly declared to be in service of the respondents herein notwithstanding the impugned proceedings dated 10.12.2001 under which they were replaced on the ostensible ground of regular incumbents joining the service of the respondent school. In the circumstances the impugned proceedings dated 10.12.2001 are set aside. The second respondent Assistant Commissioner, Kendriya Vidyalaya Sangathan Secunderabad is directed to give appropriate posting orders to the petitioners herein within four weeks from the date of receipt of a copy of this order. 7. Mr. S. Rajappa, learned Counsel appearing on behalf of the appellant in support of this appeal would contend: (i) That respondents having recruited in terms of Rule 9 of Rules by way of a temporary arrangement to meet the exigencies of work and they have continued as ad hoc/part time /contractual employees inter alia by reason of the interim orders passed by the Court. (ii) Their services should not have been directed to be regularized. (iii) The respondent's case do not come withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Constitution Bench of this Court in Umadevi (supra) held: 15. Even at the threshold, it is necessary to keep in mind the distinction between regularization and conferment of permanence in service jurisprudence. In State of Mysore v. S.V. Narayanappa [1967] 1 SCR 128 this Court stated that it was a misconception to consider that regularization meant permanence. In R.N. Nanjundappa v. T. Thimmiah (1972) ILLJ 565 SC this Court dealt with an argument that regularization would mean conferring the quality of permanence on the appointment. This Court stated: (SCC pp.416-17, para 26) Counsel on behalf of the respondent contended that regularization would mean conferring the quality of permanence on the appointment whereas counsel on behalf of the State contended that regularization did not mean permanence but that it was a case of regularization of the rules under Article 309. Both the contentions are fallacious. If the appointment itself is in infraction of the rules or if it is in violation of the provisions of the Constitution illegality cannot be regularised. Ratification or regularization is possible of an act which is within the power and province of the authority but there has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervices of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of the courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularization, if any already made, but not sub judice, need not be reopened based on this judgment, but there should be no further bypassing of the constitutional requirement and regularising or making permanent, those not duly appointed as per the constitutional scheme. 54. It is also clarified that those decisions which run counter to the principle settled in this decision, or in which directions running counter to what we have held herein, will stand denuded of their status as precedents. 13. It is therefore, not correct to contend that in the aforementioned backdrop of events, respondents satisfy the tests of equality, reservation or rule of law as adumberated in Umadevi (supra). Reliance placed on paragraph 53 of Umadevi ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecifically interdicted by the orders issued by the executive. Some of the appointing officers have even been punished for their defiance. It would not be just or proper to pass an order in exercise of jurisdiction under Article 226 or 32 of the Constitution or in exercise of power under Article 142 of the Constitution permitting those persons engaged, to be absorbed or to be made permanent, based on their appointments or engagements. Complete justice would be justice according to law and though it would be open to this Court to mould the relief, this Court would not grant a relief which would amount to perpetuating an illegality. 16. Direction to regularize the services of the respondents in view of the authority by Constitution Bench in Umadevi (supra), therefore cannot be said to be of any significance so as to deny the relief to the appellant. 17. Ashwani Kumar (supra) has also been noticed by the Constitution Bench. A distinction furthermore must be noted in mind between regularization and permanency, the regularization does not mean permanency. In A. Umarani v. Registrar, Cooperative Societies and Ors. (2004) IIILLJ 780 SC, this Court had made the distinction, it was furthermo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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