RAM PRAVESH Vs. CHIEF MEDICAL OFFICER GHAZIPUR

JUDGEMENT

(1.) The Petitioner claim to have been engaged on part-time basis on a fixed pay of Rs. 100/- per month in the year 1985. It is contended that since Petitioner has been working for the last more than two decades, he should be considered for grant of regular pay scale applicable to Class-IV employees and also to pay other allowances etc. accordingly.

(2.) Learned Counsel for the Petitioner could not point out that a part-time employee can also claim regular pay scale having never been appointed in accordance with procedure prescribed in Rules. Recently the Apex Court in State of Rajasthan and Ors. v. Daya Lal and Ors., 2010 126 FLR 407 has culled out certain principles from the decisions of Secretary State of Karnataka v. Uma Devi, 2006 109 FLR 826 (SC) :, 2006 (42) AIC 935 (SC) and its follow up and held as under:

(3.) The exposition of law is very clear that a person, if not appointed/absorbed after following the procedure prescribed in Rules, which gives equal opportunity of employment to all eligible persons and thereby complying with Article 16 of Constitution, in absence of any statutory provision entitling such person to claim regularization, validity whereof though is doubtful, since the Apex Court has said that Article 16 constitute basic feature of Constitution and nothing can be validate which may violate Article 16, can be directed to be regularized or absorbed irrespective of length of time one has continued to work. Any other view will give a licence to some of the mischievous authorities and resourceful individuals to defeat the scheme of Constitution under Article 16 as also the process of recruitment under the Rules and thereby enter the service and grasp it for all times to come through back door. The earlier sympathy, which used to generate merely on the fact that somebody has worked for a long time has been overruled by concept that rule of law should not be allowed to be breached since only those who have some extra resources can dare to violate the law and, therefore, any consideration in their favor shall confer upon them a premium of their act of committing breach of law. This is the message handed down to us by Constitution Bench in Uma Devi (supra) and has been followed and reiterated in all the subsequent authorities.