VINOD KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are seeking regularisation of their services on LDC/Stenographer post without being subjected to a competitive examination to be held by Staff Selection Commission (SSC)- a requirement under rules for filling of such posts on regular basis.

(2.) Petitioners were engaged between 1987 and 1989 on adhoc/daily wage basis against the post of LDC/stenographer through Employment Exchange after they were screened and put to typing and stenography test in National waste Lands Developments Board. They were initially so engaged/ appointed for 120 days or till regular incumbent joined the post whichever was earlier 'However, neither any extension order was passed to extend' their tenure nor were steps taken to fill up the posts held by them substantively under rules and as a result they continued working against the posts for as good as 10 years. Meanwhile their services were shifted to National Forestation & Eco Development Board under Ministry of Rural Development and their scales of pay also fixed.

(3.) Petitioners say that they apprehended termination and filed OA Nos.17, 18 & 19/98 for direction to respondents to regularise their services on the ground that they should be treated to have been regularly appointed under the rules even though they had not taken or qualified the SSC examination and that they were also entitled to regularisation on the analogy of regularisation of some similarly placed persons. They complain that they were not afforded any opportunity of taking the SSC examination when they had asked for it and that they could not, be held responsible for respondents failure to take steps to make regular appointment to these posts'.