TMI Blog2006 (11) TMI 673X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1985 (in short the 'Act') seeking regularization of their services. Stand of the respondents before the CAT was that they have been performing their duties as Data Entry Operators on contract basis and were being paid at a rate of ₹ 10 per hour up to the maximum of ₹ 50 per day. Since they have been working since a long period they sought for regularization placing reliance on the factum of long rendition of service. In response, present appellants contended that the respondents were not departmental employees and their grievances cannot be agitated before the CAT. Placing reliance on some other decisions by the CAT, the stand of the present appellants was turned down and direction was given for considering the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al scheme for public employment. 45. While directing that appointments, temporary or casual, be regularized or made permanent, courts are swayed by the fact that the concerned person has worked for some time and in some cases for a considerable length of time. It is not as if the person who accepts an engagement either temporary or casual in nature, is not aware of the nature of his employment. He accepts the employment with eyes open. It may be true that he is not in a position to bargain not at arms length since he might have been searching for some employment so as to eke out his livelihood and accepts whatever he gets. But on that ground alone, it would not be appropriate to jettison the Page 1946 constitutional scheme of appointment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rocedure established, for making regular appointments to available posts in the services of the State. The argument that since one has been working for some time in the post, it will not be just to discontinue him, even though he was aware of the nature of the employment when he first took it up, is not one that would enable the jettisoning of the procedure established by law for public employment and would have to fail when tested on the touchstone of constitutionality and equality of opportunity enshrined in Article 14 of the Constitution. 47. When a person enters a temporary employment or gets engagement as a contractual or casual worker and the engagement is not based on a proper selection as recognized by the relevant rules or proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that in order that a mandamus may issue to compel the authorities to do something, it must be shown that the statute imposes a legal duty on the authority and the aggrieved party had a legal right under the statute or rule to enforce it. This classical position continues and a mandamus could not be issued in favour of the employees directing the government to make them permanent since the employees cannot show that they have an enforceable legal right to be permanently absorbed or that the State has a legal duty to make them permanent. In view of what has been stated in Uma Devi's case (supra), we deem it proper to remit the matter to the High Court to consider the case afresh in the light of the said decision. The appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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