MUKUNDAKAM SHARMA - (1.) The petitioners herein were appointed on daily wage contract basis as lower division clerks by the respondent school. In their appointment letters it was mentioned that the said appointments are for specified period on daily wage basis and the said contractual appointments on daily wage would not entitled them for regularisation against any vacancy in the school. It was further mentioned that during the period of their contractual appointments their services are liable to be terminated without notice and without any cause assigned.
(2.) The petitioners were engaged in the aforesaid capacity in the month of June, 1999. It is contended by the petitioners in the writ petition that they were engaged as casual workers on daily wage basis after they qualified in the test held by the Selection Committee. On 18/2/2000 the present writ petition was filed by the petitioners praying for regularisation of their services in the post of lower division clerks and to grant them temporary status in terms of Government of India's instructions.
(3.) The writ petition is contested by the respondents, who have filed a counter affidavit contending inter alia that upon a requisition letter to the Employment Exchange and on the basis of which, the names of the petitioners were forwarded by the said Exchange. The petitioners were engaged as LCDs as an interim time-gap arrangement pending finalisation of the recruitment process. It is stated that when the respondents started the process of direct recruitment for filling up 8 posts of LCDs the petitioners approached this court praying for regularisation of their services. It is also stated that the SPA Recruitment Rules specifically lay down the process of direct recruitment for filling up the posts of LCDs and that appointment on regular basis to the said post could only be made through the process of the aforesaid procedure prescribed. It is also contended that the said selection process could not be resorted to by the respondents and therefore, till such time the regular appointments were made through regular recruitment process the respondents resorted to ad hoc appointment of the petitioners on contractual basis. It was also stated by the respondents that the process of selection as prescribed under the recruitment rules was not resorted to while making the aforesaid contractual appointments and that none of the petitioners had to undergo the test/interview which was prescribed under the aforesaid recruitment rules and that they were simply drafted in service through Employment Exchange which forwarded their names to the respondent after a letter indicating their requirement of temporary hands. It is also stated that there was no test/interview conducted by any selection committee and since it was only a temporary engagement their suitability was examined only by an ad hoc committee and therefore, the said appointments do not give any vested right to the petitioners to be regularised in the posts of LCDs.;