Sudhir Agarwal, J. - (1.) Heard Sri S.C. Srivastava learned Counsel for the petitioner and the learned Standing Counsel for respondent nos. 1 and 2.
(2.) The learned Counsel for the petitioner submits that the petitioner was appointed on a consolidated pay of Rs. 1200/- per month on contract basis on as application submitted by him before the Adhyaksh, Nagar panchayat, Khanpur, District Bulandshshar on 8.7.2002 whereupon an order was passed appointing the petitioners as a peon. A copy of the petitioner's application as well as endorsement thereon showing his appointment on contract basis on fixed salary of Rs. 1200/- is Annexure-1 to the writ petition. The petitioner, however, submits that since then he is counting to discharge his duties. On 3.7.2003, a meeting of the Nagar Panchayat took place wherein it was resolved that since there is a vacancy of scheduled caste candidate working on contract basis, he may be regularized on the said post. A copy of this resolution has been filled as Annexure 4 to the writ petition. However, it is stated by the petitioner that no action has been taken in pursuance of the said resolution. Since he has been working for more then three years, therefore, in law he is entitled to be considered for regularization. Reliance has been placed on the Government Order dated 3.2.1992 (Annexure 8) and the law laid down by the Hon. Supreme Court in the case of State of Haryana and Ors. v. Piara Singh and Ors. AIR 1992 SC 2130.
(3.) It is not disputed by the petitioner that before his appointment there was no advertisement or invitation of application from eligible incumbents against the vacancy which is said to be existing on the office of the Nagar Panchayat, Khanpur. The petitioner was appointed on contract basis and not on regular basis. The appointment was not in accordance with statutory rules. In other words, the appointment of the petitioners was nothing but a back door entry. Since, on his application submitted before the Nagar Panchayat, he was given appointment on contract basis on consolidated salary of Rs. 1200/-, such appointment does not confer any legal right either to consider or to claim regular appointment against substantive or permanent vacancy. Whenever there is a vacancy in the public office, it is obligatory to the state to fill up the same by affording right of consideration to all eligible and suitable persons, who are aspiring for a job in the State and awaiting the opportunity of consideration. Thus, the vacancy should be notified to all, and thereafter the recruitment should be made as per rules which would be in conformity with Article 16 of the Constitution of India also.;