TMI Blog1992 (8) TMI 299X X X X Extracts X X X X X X X X Extracts X X X X ..... a mandamus to the appellant-institute to regularise the service of the respondent forthwith as Executive in the Institute of Management Development, Uttar Pradesh. The appellant is an Institute established inter alia with the object of undertaking applied scientific, industrial and management research, more particularly, in the filed of applied sciences with the emphasis on technical management including production management, financial management, marketing management etc. It is an autonomous body. It is governed by the rules of the Association of the Institute. The respondent was first appointed in the appellant- Institute as a Research Executive on a consolidated fixed compensation of ₹ 1,250 per month on contract basis for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er request that her services might be continued for some more time in the appellant-institute. On this request, the respondent was appointed on a contractual basis as a Training Executive on a consolidated compensation of ₹ 2,400 per month. On this occasion also, the appointment was purely on a ad hoc basis terminable without notice. On 3rd of January, 1991 a Committee of the Institute went into the question of abolition of redundant posts. The report was submitted by the Committee to the effect that several posts including the posts of Training Supervisors and Research Executive had become redundant. Therefore, the committee recommended their abolition. Accepting the report of the committee on 14th January, 1991 five posts were ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld apply. However, without elaborating the arguments on the scope of the Rules it was urged on behalf of the appellant that the order dated 1.9.90 was specific in its terms limiting the period of appointment for six months from the date of joining. This was purely on a contractual basis. The consolidated pay was ₹ 2,400. Therefore, the respondent had no right to continue whatsoever in the post beyond the period of six months irrespective of the fact as to who had the right to abolish the post. The appellant-Institute came to abolish the post because of the financial constraints. The report of the committee makes it very clear that the Institute was finding it difficult to disburse pay etc. even to its regular employees. Hence, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Rule 11, the Board since we propose to limit the controversy to the terms of appointment. The order dated 1.9.90 reads as follow : 1-168D/1132 1.9.90 OFFICE ORDER With effect from the date of joining Smt. Pushpa Rani Srivastava is appointed a consolidated fixed pay of ₹ 2400 per month on contract basis for a period of six months in the Institute. The appointment of Smt. Srivastava is purely on ad hoc basis and is terminable without any notice. sd/- (K.K.N. SINGH) DIRECTOR The following are clear from the above order : (i) The respondent was appointed on a contractual basis. (ii) The post was to carry a consolidated pay of ₹ 2400 per month. (ii ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubordinate Service Rules, 1958 (hereinafter called `the Rules') which were statutory in character and were, therefore, binding on the Authority as well as the employees. It is contended that the employees belonging to different categories were appointed on differed dates by the PHED prior to 1st April, 1984 under this rule and, therefore, their services could only be regulated thereunder. In dealing with this, at page 577 the Court observed: If any person who does not possess the requisite qualifications is appointed under the said clause, he will be liable to be replaced by a qualified person. Clauses (iii) of Rule 9 states that a person appointed under clause (i) shall, as soon as possible, be replaced by a member of the servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so interpreted, if the language of the rule permits, as will advance this philosophy of the Constitution. If the rule is so interpreted it seems clear to us that employees who have been working on the establishment since long, and who possess the requisite qualifications for the job as obtaining on the date of their employment, must be allowed to continue on their jobs and their services should be regularised. In the instant case, there is no such rule. The appointment was purely ad hoc and on a contractual basis for a limited period. Therefore, by expiry of the period of six months, the right to remain in the post comes to an end. If the matter is viewed from this angle, that being the only view, we find no difficulty whatever in s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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