- (1.) This writ petition has been filed against the judgment and order dated 8.12.2005 of the Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 335 of 2003 which had been filed by the petitioner-applicant for a direction upon the respondents to appoint him on a clear vacancy of group ''D' employee and regularise his services from the date of his initial appointment. The Tribunal dismissed the application as being bereft of merits. The petitioner-applicant had earlier filed Original Application No. 425 of 2001 before the Central Administrative Tribunal, Allahabad which was disposed of by the judgment and order dated 11.11.2002 with a direction to the applicant to make a fresh representation to the respondents which was to be decided by a detailed reasoned order within three months. The applicant submitted the representation on 7.12.2002, which was rejected by the respondents by the order dated 4.2.2003 mentioning that the applicant had been engaged on daily wages by the Principal of the School during 1995 to do the work of Mali. This engagement was purely of casual nature and continued up to 1998. It has also been stated that such engagement on casual basis did not confer a right upon the applicant to claim regular appointment and that by the order dated 10.12.1999 the Kendriya Vidyalaya had decided to privatize certain services pertaining to group ''D' employee including that of Mali. In such circumstances the Tribunal clearly held that it could not issue any direction for regularisation of service, as that would be in violation of the statutory Rules and the policy decision.
(2.) Learned counsel for the appellant raised the same issues which were pressed before the Tribunal.
(3.) The Supreme Court in A. Umarani v. Registrar, Co-operative Societies and others, 2004 AIR SCW 4462 clearly held:- "......regularisation in our considered opinion is not and cannot be the mode of recruitment by any "State" within the meaning of Article 12 of the Constitution of India or any body or authority governed by a Statutory Act or the Rules framed thereunder......... ;