Case Note & Summary
This case involved a civil appeal by special leave before the Supreme Court of India challenging an order of the Central Administrative Tribunal, Additional Bench at New Bombay, which had dismissed the appellant's original application seeking regularisation. The appellant, Mukesh Bhai Chhotabhai Patel, was appointed on May 21, 1977 to a temporary Group C post (LDC/Steno) and was removed from service on April 13, 1987. He approached the Tribunal, but his application was dismissed on April 19, 1990. Aggrieved, he filed the present appeal. The appellant contended that the Union of India, Ministry of Irrigation, had issued Circular No.19/50/80-Estt.I dated June 8, 1984, which directed that all ad hoc appointments made in the grade of LDCs/Stenos prior to November 4, 1978 be regularised as a special case. Since the appellant was appointed before the cut-off date, he claimed entitlement to regularisation. He further argued that his failure to pass the qualifying test should not be a ground to deny regularisation, relying on Bhagwati Prasad v. Delhi State Mineral Development Corporation. The respondents maintained that regularisation was not automatic and that the scheme required a duly constituted committee to consider each case and that passing the qualifying test was essential. The appellant had appeared for the test three times; on one occasion the result was not declared, and on two occasions results were declared and he did not pass. The Supreme Court examined the circular and noted that it provided for regularisation of ad hoc appointments made prior to November 4, 1978, but such regularisation was to be carried out by a committee duly constituted for that purpose. The Court held that regularisation under a departmental scheme is not automatic; it must be considered according to the conditions of the scheme. Since the appellant did not pass the qualifying test conducted by the competent committee, he could not be regularised. The Court found no illegality in the Tribunal's order and dismissed the appeal. No costs were awarded.
Headnote
A) Service Law - Regularisation of Temporary Employees - Circular No.19/50/80-Estt.I dated 8.6.1984 - Regularisation under a departmental scheme is not automatic; it requires consideration by a duly constituted committee and passing of the qualifying test. The appellant, a temporary Group C employee appointed on 21.5.1977 and removed on 13.4.1987, contended that the circular directing regularisation of all ad hoc appointees prior to 4.11.1978 entitled him to regularisation irrespective of test failure. The Court held that the circular mandated regularisation through a committee and did not waive the qualifying test; since the appellant failed the test on two occasions, he could not be regularised and the Tribunal's order was not illegal (Paras 4-5).
Issue of Consideration
Whether a temporary Group C employee appointed prior to 4.11.1978 is entitled to automatic regularisation under Circular No.19/50/80-Estt.I dated 8.6.1984 despite failing the qualifying test conducted by the competent committee.
Final Decision
Appeal dismissed; no costs. The Supreme Court held that regularisation under departmental scheme is not automatic and requires passing qualifying test by competent committee; Tribunal order upheld.
Law Points
- Regularisation under a departmental scheme is not automatic
- it must be considered according to the scheme and carried out by a duly constituted committee
- passing the qualifying test is a prerequisite for regularisation of temporary Group C employees
- failure to pass the qualifying test disentitles an employee even if appointed before cut-off date
- Tribunal's order not illegal
