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2007 (2) TMI 703

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..... the said Scheme came to be questioned before this Court. This Court passed an interim order. Pursuant thereto or in furtherance thereof, Respondent No. 1 herein was appointed on contract basis as Restorer on a consolidated monthly salary. His services indisputably were extended from time to time. The contention of the appellant is that the contract of the respondent's service was not renewed as the services of Respondent No. 1 were not required any further and, thus, by an order dated 24.12.2001 his services were terminated. Questioning the validity of the said order, a writ petition was filed by the Respondent before the High Court. The said writ petition was disposed of directing the appellant herein to consider the case of Responden .....

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..... the DOP and FD for filling up the vacancies would not apply. Wherever for the absorption/ regularization of workers as per the above policy any Department's own Recruitment Rules come in the way, such provisions of the Recruitment Rules will stand relaxed." However, a clarification was sought for from the State Government by the Managing Director of the appellant by a letter dated 29.03.2001 as to whether the staff not being charged against any project or work is to be regularized or not; in response whereto, it was clarified: " It is clarified that those employees who are working in Corporation for the last more than three years continuously apart from work charge/daily wages, are to be regularized because these categories of .....

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..... & Casting Pvt. Ltd., Meerut v. U.P. State Electricity Board and Ors. (1997) 7 SCC 251] Furthermore, when the terms and conditions of the services of an employee are governed by the rules made under a statute or the proviso appended to Article 309 of the Constitution of India, laying down the mode and manner in which the recruitment would be given effect to, even no order under Article 162 of the Constitution of India can be made by way of alterations or amendments of the said rules. A'fortiori if the recruitment rules could not be amended even by issuing a notification under Article 162 of the Constitution of India; the same cannot be done by way of a circular letter. This aspect of the matter is covered by a decision of this Court .....

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