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2007 (4) TMI 759

..... Respondents: Bharat Sangal, R.R. Kumar, Samyadip Chatterji and Suchita Sharma, Advs. JUDGMENT S.B. Sinha, 1. Leave granted. 2. Respondent herein was appointed by the Union of India in the Census Organisation. His appointment was temporary in nature. He used to be appointed from time to time keeping in view exigencies of work. The State of Orissa issued a circular letter on or about 21.3.1995 relaxing upper age limit of the retrenched census employees for appointment under the State. The said circular letter related to 147 retrenched employees of the census organization. Principally relaxation of age for appointment in the State Service was contemplated thereby stating; Now after careful consideration in pursuance of Rule 52 of OSC Governmen .....

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..... o were left out were not given any opportunity to compete with the Respondents while being selected to be posts to which they have been appointed. There is nothing on record to show that these applicants were intimated by any office at any time about the existence of any vacancy nor were they called to any selection test by any governmental authority for recruitment to the post after they were retrenched. In the absence of any such intimation, it was not possible for the applicants and others to know about the vacancy position and to make any application for appointment. As it appears from the resolution that it was the duty of various departments of the State Government to take suo motu initiative to appoint such retrenched candidates. No .....

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..... his order in any Government office located anywhere in the State or if no such immediate vacancies are available in the Government Offices, in any of the public Sector Undertaking located anywhere in the State in the post for which they are eligible but not below the rank of Class - III. This exercise should be completed within a period of 6 months from the date of receipt of a copy of this order irrespective of their present age subject to the condition that none of them is aged more than 50 years. 4. Although a large number of employees were said to have been appointed pursuant to the said policy decision, respondent herein was again appointed in the census organization on or about 7.2.2001. Apprehending that his services may be terminate .....

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..... inst any of the vacancies of Junior Clerk. 7. The Tribunal thereafter allowed the original application filed by the respondent directing; In view of the said observations on the Hon. High Court coupled with the policy decision and order of the Govt. as at Annexure-2 & 5, we dispose of the Original Application with a direction to the respondents to consider the case of the applicant for his permanent absorption against any of the vacancies of junior clerk under the respondent No. 3 if his case is covered with the conditions mentioned in Annexure-2 & 5 and this exercise shall be completed within six months from the date of receipt of a copy of this order and communicate the order to the applicant with the said period. 8. A Writ Petiti .....

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..... envisaged under Articles 14 and 16 of the Constitution of India. 13. Even a policy decision taken by the State in exercise of its jurisdiction under Article 162 of the Constitution of India would be subservient to the recruitment rules framed by the State either in terms of a legislative act or the proviso appended to Article 309 of the Constitution of India. A purported policy decision issued by way of an executive instruction cannot override the statute or statutory rules far less the constitutional provisions. In A. Umarani v. Registrar, Cooperative Societies and Ors. (2004)IIILLJ780SC , this Court has held; 45. No regularisation is, thus, permissible in exercise of the statutory power conferred under Article 162 of the Constitution if .....

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..... owing the recruitment rules, would not confer any legal right on him. A Constitution Bench of this Court in Secretary, State of Karnataka and Ors. v. Umadevi (3) and Ors. (2006)IILLJ722SC , categorically held that any appointment made in violation of the constitutional provisions would be a nullity. See also Gurbachan Lal v. Regional Engineering College, Kurukshetra and Ors. 2007(4)SCALE1 18. We may notice that in a large number of decisions, Umadevi (supra) has been followed by this Court. e.g. State of U.P. and Ors. v. Desh Raj 2006CriLJ2108 , Punjab Water Supply & Sewerage Board v. Ranjodh Singh and Ors. (2007)2LLJ1052SC and National Institute of Technology and Ors. v. Niraj Kumar Singh (2007)IILLJ23SC , Punjab State Warehousing Corp .....

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