KHAGESH KUMAR AND ORS. versus INSPECTOR GENERAL OF REGISTRATION AND ORS.

KHAGESH KUMAR AND ORS. versus INSPECTOR GENERAL OF REGISTRATION AND ORS.

Appointment of Registration Clerks on daily wage basis does not constitute regular appointment under the relevant Manual and Service Rules. Petitioners who worked as daily wage Registration Clerks before October 1, 1986 and completed three years of continuous service (including periods served as Apprentice under paragraph 101) are entitled to consideration for regularisation under Rule 4 of the Regularisation Rules. In future regular appointments, daily wage Registration Clerks may be granted a single opportunity for consideration with age relaxation and experience weightage.

Parties
Petitioner: Khagesh Kumar and Ors.; Respondent: Inspector General of Registration and Ors.
Jurisdiction
India
Judgment Date
27 September 1995
Procedural Posture
Special Leave Petition (civil) / Final Disposal by Supreme Court
Outcome
Petitions disposed of. High Court judgment upheld with directions.
Legal Topics
Regularisation of Ad Hoc Appointments, Employment on Daily Wage Basis, Registration Clerk Recruitment, U.p. Registration Department Rules, Seniority and Selection in Government Service
Service Law Administrative Law Regularisation of Ad Hoc Appointments Employment on Daily Wage Basis Registration Clerk Recruitment U.p. Registration Department Rules Seniority and Selection in Government Service

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Parties

Khagesh Kumar and Ors.

Petitioner

Inspector General of Registration and Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether appointment of Registration Clerks on daily wage basis constitutes regular appointment under U.P. Registration Manual and Service Rules
  2. 2 Whether such daily wage clerks are entitled to regularisation under relevant rules
  3. 3 Whether service as an unpaid Apprentice under paragraph 101 is eligible for counting towards regularisation

Ratio Decidendi

Appointment of Registration Clerks on daily wage basis does not constitute regular appointment under the relevant Manual and Service Rules. Petitioners who worked as daily wage Registration Clerks before October 1, 1986 and completed three years of continuous service (including periods served as Apprentice under paragraph 101) are entitled to consideration for regularisation under Rule 4 of the Regularisation Rules. In future regular appointments, daily wage Registration Clerks may be granted a single opportunity for consideration with age relaxation and experience weightage.

Court Disposition

Petitions disposed of. High Court judgment upheld with directions.

Orders

  • Daily wage Registration Clerks employed prior to October 1, 1986 and with three years continuous service to be considered for regularisation under Rule 4 of Regularisation Rules.
  • Period served as Apprentice under paragraph 101 to be counted as service for regularisation; representation for payment allowed.