Case Note & Summary
The Supreme Court heard special leave petitions arising from a judgment dated February 8, 1995 by the Division Bench of the Allahabad High Court. The petitions involved common questions relating to regularisation of Registration Clerks employed on daily wage basis in the Registration Department of the Government of Uttar Pradesh. The petitioners were persons who had worked as registration clerks on daily wage basis for short periods in one year, with services terminated on expiry of the period, and some were reappointed in subsequent years or after gaps. They sought regularisation of their appointment on the post of registration clerk and prayed for quashing of certain actions. The Registration Department operated under the U.P. Registration Manual, which in paragraphs 94-A, 95, 96 and 97 prescribed procedures for appointments to registration clerk posts, including permanent and temporary establishments, enlistment of approved candidates, and rotation for officiating chances. Apart from these provisions, a practice existed to appoint registration clerks on daily wage basis for speedy disposal of pending arrears of documents, authorized by the Governor for particular years, with postings not exceeding three months per financial year. A Government Order dated December 23, 1987 illustrated such appointments, fixing daily wages at Rs. 20 per working day and imposing conditions on work standards, certification, and monitoring. Similar orders were issued each year, and such appointments had been made since 1983-84. The Uttar Pradesh Registration Department (District Establishment) Ministerial Service Rules, 1978 were published on May 12, 1978, providing for recruitment to various posts including registration clerk by direct recruitment and promotion. Direct recruitment was required to follow the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975, and later by the 1982 Amendment Rules (notified in 1992), direct recruitment was to be through the U.P. Subordinate Services Selection Commission on competitive examination. The Registration Act, 1908 was amended by U.P. Act inserting Section 32-A requiring photostat copies and later by U.P. Act No. 27 of 1994 inserting Section 32-B requiring laminated true copies. These amendments increased copying work. The appointing authority for registration clerks under the 1978 Rules was originally the District Registrar, but by notification dated March 20, 1991, the Inspector General of Registration became the appointing authority. On March 24, 1991, the Inspector General issued a press notification inviting applications for registration clerk posts. Several writ petitions were filed in the Allahabad High Court by daily wage registration clerks seeking regularisation. The High Court decided these matters by judgment dated February 8, 1995. The Supreme Court condoned delay in the special leave petitions. The excerpt provided does not include the final decision or ratio of the Supreme Court, as it ends mid-sentence before the operative part.
Headnote
A) Service Law - Regularisation of Daily Wage Employees - Appointment Procedure under U.P. Registration Manual - U.P. Registration Manual, Paragraphs 94-A, 95, 96, 97 - The Manual provided for permanent and temporary registration clerk appointments through enlistment and rotation, with District Registrar as appointing authority and specific conditions; daily wage appointments were made separately under yearly Government Orders for clearing arrears, not under the Manual - Issue arose whether such daily wagers could claim regularisation despite absence of statutory basis - Held that the matter involved common questions of regularisation of daily wage Registration Clerks (Paras Not mentioned). B) Service Law - Recruitment Rules - Direct Recruitment to Registration Clerk Posts - Uttar Pradesh Registration Department (District Establishment) Ministerial Service Rules, 1978 - The 1978 Rules prescribed appointment by direct recruitment and promotion, with direct recruitment to be made through Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975 and later through U.P. Subordinate Services Selection Commission on competitive examination - Daily wage appointments were not made under these rules, raising validity of regularisation claims - Held that recruitment rules were central to determining entitlement (Paras Not mentioned). C) Statutory Amendment - Registration Act, 1908 - Sections 32-A, 32-B, 69 - U.P. amendments inserted Section 32-A requiring photostat copies with documents and Section 32-B requiring laminated true copies, increasing workload in registration offices - These amendments may have justified temporary staff but did not create a regularisation pathway - Held that statutory changes affected the context of daily wage appointments (Paras Not mentioned). D) Administrative Law - Appointment Authority - Amendment of 1978 Rules - Uttar Pradesh Registration Department (District Establishment) Ministerial Service Rules, 1978 - Prior to March 20, 1991, District Registrar was appointing authority; thereafter Inspector General of Registration became appointing authority and issued press notification inviting applications - Change in appointing authority affected pending appointments and regularisation claims - Held that appointment authority was relevant to validity of daily wage appointments (Paras Not mentioned).
Issue of Consideration
Whether daily wage Registration Clerks employed in the Registration Department of the Government of Uttar Pradesh are entitled to regularisation; interpretation of U.P. Registration Manual and the 1978 Rules governing appointments to registration clerk posts.
Law Points
- regularisation of daily wage employees
- U.P. Registration Manual
- Uttar Pradesh Registration Department (District Establishment) Ministerial Service Rules 1978
- Recruitment Rules
- Registration Act 1908 amendments
- appointment authority
- temporary establishment
