FAIZAN AMIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application by the applicants, namely Mohsin Farooq Kawa and Manzoor Shafi Bhat seeking their impleadment as party- respondents. They are seeking their impleadment on the ground that they are working against the posts of Jr. Engineers against which the petitioners herein have been selected in the selection process conducted by respondent No.2. The applicants claim that they, by performing their continuous duties for more than seven years, have acquired the right of regularization and, therefore, no selection against the posts held by them could be made. They also claim that the selection process conducted by the respondents which has culminated in selection of the petitioners is only an eye wash and conducted only to show door to them.

(2.) Having heard learned counsel for the applicants and perused the record, I find this application grossly misconceived. The applicants are admittedly the holding the posts of Jr. Engineer (Electrical) and Jr. Engineer (Civil) respectively purely on contractual basis for a specified period. They were initially appointed on contractual basis on a consolidated salary of Rs.20,000.00 per month for 59 days. However, their appointments were extended from time to time. The order of their engagement itself makes it clear that their engagement was purely contractual and shall not confer upon them any right or claim on the posts held by them. Their engagement was also provided to be terminable at any time without any advance notice by the respondents. Such being the nature of engagement of the applicants, the argument of Mr. J.H.Reshi, learned counsel, appearing for the applicants, that the applicants are entitled to regularization and that respondent No.2 cannot fill up the posts held by them on regular basis, can only be termed as "misconceived".

(3.) The applicants have not been able to bring to the notice of this Court any Rule, Regulation or policy decision of respondent No.2 with regard to regularization of the services of contractual appointees like the applicants. That apart, the conduct of the applicants exhibited by them before this Court as well as the Civil Court disentitles them to any discretionary relief from this Court.