INSPECTOR GENERAL OF REGISTRATION U.P. AND ANR.versusAVDESH KUMAR AND ORS. ETC.

  INSPECTOR GENERAL OF REGISTRATION U.P. AND ANR.                             A
                        v.
            AVDESH KUMAR AND ORS. ETC.

                             APRIL 12, 1996

           [K. RAMASWAMY AND G.B. PATTANAIK, JJ.]                             B

     Se1vice Laiv :

      U.P. Registration Depmtment (Dist1ict Establishment) Ministerial Ser-
vice Rules, 1978/U.P. Registration Manual:                                    C
      Registration Clerks-Appointed on daily wage basis-Regulmisation
of-Held all persons who were appointed either p1ior to 1.10.1986 or sub-
sequent to that date would continue on ad hoc basis till regular selections are
1nade in the light of the directions given in Khagesh Kzunar's case-Selection
Committee would suitably relax the age in the case of those workers who have D
beconie over aged.

     Khagesh Kumar & Ors. v. Inspector General of Registration, [1995]
Supp. 4 SCC 182, relied on.

     CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7500 of                   E
1996 Etc.

     From the Judgment and Order dated 22.4.92 of the High Court in
Allahabad in C. Misc. W.P. No. Nil of 1992.
                                                                              F
      D.V. Sehgal, A.B. Rohtagi, R.B. Misra, S. Kulshreshta, B.S.Jain, J.P.
Singh, V.D. Khanna, U.S. Prasad, H.B. Misra, Manish Mohan, Sanjay
Parikh, S.P. Singh, Rajkumar Gupta, H.P. Sharma Rajesh, B.B. Sawhney
and Ajay K. Aggarwal for the appearing parties.

      The Following Order of the Court was delivered :                        G
      Delay condoned.

      Leave granted.

      We have heard learned counsel on both sides.                            H
                                293
    294                   SUPREME COURT REPORTS [1996] SUPP. 1 S.C.R.

A          Various orders have been passed by the High Court directing the
    State either to continue the respondents till the regular selections are made
    or to give them appointment till the regular selections are made and to pay
    them the salary attached to those posts. The respondents came to be
    appointed on daily wage basis in the Registration Department of the Office
    of the Sub-Registrars in the State of Uttar Pradesh. The controversy raised
B   in these cases is no longer res integra. In Khagesh Kumar & Ors. v. Inspector
    General of Registration, [1995] Supp. 4 SCC 182, a Bench of two Judges of
    this Court had gone into the controversy and given directions in paragraph
    24 thus :

c           "For the reasons aforementioned, the impugned judgment of the
            High Court is upheld with the following directions:

             (1) The petitioners or other similarly placed persons who were
             employed as Registration Clerks on daily-wage basis prior to
             1.10.1986 shall be considered on regularisation under the
D            provisions of Rule 4 of the Regulararisation Rules provided they
             fulfil the requirements of Rule 4(1)(ii) and they have completed
             three years' continuous service. The said period of three years'
             service shall be computed by taking into account the actual period
             during which the employee had worked as Registration Clerk on
             daily-wage basis. The period during which such an employee has
E            performed the duties of Registration Clerk under Paragraph 101
             of the Manual shall be counted as part of service for the purpose
             of such regularisation.

             (2) In the event of appointment on regular basis on the post of
             Registration Clerks, the petitioners or other similarly placed per-
F            sons who had worked as Registration Clerks on daily-wage basis
             may be given one opportunity of being considered for such ap-
             pointment and they be given relaxation in the matter of age
             requirement prescrihed for such appointment under the Rules.

             (3) The Subordinate Services Selection Commission while making
G
             selection for regular appointment to the posts of Registration
             Clerks shall given weightage for their experience to the Registra-
             tion Clerks who have worked on daily-wage basis and shall frame
             suitable guidelines for that purpose.

H            (4) If any of the petitioners or other similarly placed person was
    INSPECTOR GEN. OF REGISTRATION U.P. v. AVD ESH KUMAR 295

         required to perform the duties of Registration Clerk as an appren- A
         tice under paragraph 101 of the Manual, he may submit a repre-
         sentation to the appropriate authority setting out the full
         particulars of such employment within three months and the
         authority concerned, after verifying the correctness of the said
         claim, shall pass the necessary order for payment of emoluments
                                                                            B
         on daily-wage basis for the period he is found to have so worked
         on the post of Registration Clerk. The said payment shall be made
         within a period of three months from the date of submission of the
                        11
         representation.

       In some of these cases also, the respondents came to be appointed         C
subsequent to October l, 1986 and they are seeking the same directions.
All the persons who were appointed either prior to or subsequent to that
date would continue on ad hoc basis till regular selections were made in
the light of the directions given by this Co mt and the .same directions would
operate for payment of daily wages as envisaged in the directions pending
regular selections.                                                              D
      It is represented that some of the candidates have become over aged.
If any of the candidates, who are now working on daily wages or who had
worked on daily wages, would be barred by age by the date of selection,
the Selection Committee would suitably relax the age and then consider           E
their cases along with all eligible candidates and in case the candidate came
to be selected on merit according to the rules in the light of the directions,
he/they would be appointed.

       The appeals are accordingly allowed. No costs.
                                                                                 F
R.P.                                                         Appeal allowed.




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