http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2  

PETITIONER: STATE OF HIMACHAL PRADESH

       Vs.

RESPONDENT: SURESH KUMAR VERMA & AAR.

DATE OF JUDGMENT:       24/01/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. AHMAD SAGHIR S. (J) G.B. PATTANAIK (J)

CITATION:  1996 AIR 1565            JT 1996 (2)   455  1996 SCALE  (2)307

ACT:

HEADNOTE:

JUDGMENT:                        O R D E R      Delay condoned.      We have  heard the  counsel on  both  sides.  This appeal by  special leave  arises from the orders passed by the  High Court of Himachal Pradesh. In this case in CWP No.722/93  dated 10.9.1993,  the Division  Bench of the High  Court has  disposed of  the  matters  on  the ground  that   the  respondents   were  re-engaged   as Assistant Development  Officers on daily wages pursuant to the  direction by it . It is settled law that having made rules of recruitment to various services under the State or to a class of posts under the State, the State is bound  to follow  the same and to have the selection of the  candidates made  as per  recruitment rules  and appointments shall be made accordingly. From the date of discharging  the duties  attached to  the  post  the incumbent becomes a member of the services. Appointment on daily  wage basis  is not  an appointment  to a post according to the Rules.      It  is   seen  that   the  project  in  which  the respondents were  engaged had  come to an end and that, therefore, they  have necessarily  been terminated  for want of  work. The  Court cannot give any directions to re-engage them  in  any  other  work  or  appoint  them against existing  vacancies.  Otherwise,  the  judicial process would  become other mode of recruitment de hors the rules.      Mr.  Mahabir   Singh,  learned   counsel  for  the respondents contended  that there  was an  admission in the counter  affidavit filed  in the  High  Court  that there  were   vacancies  and   that,   therefore,   the respondents are entitled to be continued in service. We do not agree with the contention. The vacancies require to be  filled up  in accordance  with the rules and all

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2  

the  candidates   who  would   otherwise  eligible  are entitled to apply for when recruitment is made and seek consideration of their claims on merit according to the Rules  for   direct  recruitment  along  with  all  the eligible candidates.  The appointment  on  daily  wages cannot be a conduct pipe for regular appointments which would  be   a  back-door   entry,  detrimental  to  the efficiency of service and would breed seeds of nepotism and corruption. It is equally settled law that even for Class IV  employees recruitment according to rules is a pre-condition. Only  work-charged employees who perform the duties  of transitory nature are appointed not to a post but are required to perform the work of transitory and urgent  nature so  long as  the  work  exists.  One temporary  employee   cannot  be  replaced  by  another temporary employee.      Under these  circumstances, the  view of  the High Court is  not correct.  lt is accordingly set aside. It is mentioned  that the respondents have become overaged by now.  If they  apply for  any regular appointment by which time  if they  become barred  by age the State is directed to  consider necessary relaxation of their age to the extent of their period of service on daily wages and then to consider their cases according to rules, if they are otherwise eligible.      The appeel is accordingly allowed. No Costs.