MADHUSUDAN PRAJAPATI Vs. TENUGHAT VIDYUT NIGAM LIMITED, RANCHI

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners as well as learned counsel appearing for the respondents. Petitioners are seeking issuance of Mandamus commanding the respondents to consider the petitioners for regularization and further to grant them pay-scale of the Junior Chemist regularly appointed in the department; petitioners further seeking direction to grant relaxation in the age for their regular appointment pursuant to the advertisement issued in 2004.

(2.) A chart (Annexure- 1 to the writ petition) shows that except the petitioner No. 8, all other petitioners have joined as Junior Chemist in 1999 and 2003 on purely temporary basis on the fixed monthly amount to be paid to the petitioners. Petitioner- Kedar Nath Choudhary alleged to have joined in 1993.

(3.) The constitutional bench of the Hon'ble Apex Court in the case of State of Karnataka Vs. Uma Devi, 2006 4 SCC 1 has ruled that employees who have joined temporarily cannot seek regularization in the absence of any Rules or Regulations permitting the regularization. It is further observed by the Hon'ble Apex Court that the practice of giving temporary of adhoc appointment without following the established norms to give wide publicity of the posts should not be encouraged.