UNION OF INDIA Vs. SHEELA RANI

JUDGEMENT

(1.) LEAVE granted.

(2.) THE above appeal is directed against the final order and judgment dated 28.1.2005 passed by the Division Bench of the High Court of Delhi in Writ Petition (c) Nos. 1479-1482 of 2005. By the impugned judgment, the High Court dismissed the writ petitions preferred by the appellants herein.

(3.) WE heard Mr. R. Mohan, learned Additional Solicitor General appearing for the appellants and Mr. S.M. Ratanpaul, learned counsel appearing for the respondent. WE have carefully perused the judgment passed by the High Court.Mr. R. Mohan, learned ASG, submitted that the High Court failed to appreciate that regularization of a casual worker cannot be made with retrospective effect i.e. with effect from the date of initial appointment and that regularization of a casual worker can only be done in accordance with the relevant scheme and rules and from the date when regular vacancy/post is available for such regularization. In support of his contention, he relied on the judgments of this Court in State of Haryana vs. Jasmer Singh (1996) 11 SCC 83 and Registrar General of India and Anr. Vs. V. Thippa Setty and Ors. (1998) 8 SCC 690.