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2006 (11) TMI 700

..... passed by the learned Single Judge of the Allahabad High Court as also order dated 22.8.2005 passed by a Division Bench of the said Court affirming the same. The respondent was said to have been appointed on daily wages for specific work on Muster Roll purported to be under the provisions of paragraphs 429, 430 and 431 of the Financial Hand Book Volume-VI read with paragraph 476 of the Part-I of the Public Works Department of Manual of orders in local arrangements. A writ petition was filed by the respondent herein, inter alia, praying for his regularization. A learned Single Judge of the Lucknow Bench of the Allahabad High Court on the day of preliminary hearing while issuing rule passed the following order: "In the meantime, the oppo .....

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..... as to whether the impugned directions could have been issued even at the final hearing of the matter which would amount to creation of supernumerary post in purported compliance of the regularisation rules. Whatever may be the import and purport of such regularization rules, in view of the recent Constitution Bench decision of this Court in Secretary, State of Karnataka & Ors. vs. Umadevi & Ors. [(2006) 4 SCC 1)], it is now well-settled that the appointments, if made in violation of the constitutional scheme of equality as enshrined under Articles 14 and 16 of the Constitution of India, would be rendered illegal and, thus void ab initio. No regularization rules, therefore, could have been made by the State of Uttar Pradesh in derog .....

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..... d posts that required to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularization, if any already made, but not subjudice, need not be reopened based on this judgment. but there should be no further byepassing of the constitutional requirement and regularizing or making permanent, those not duly appointed as per the constitutional scheme." The observations made in the said paragraph must be read in the light of the observations made in paragraphs 15 and 16 of the judgment. The Constitution Bench referred to the decisions of this Court in State of Mysore vs. S.V. Narayanappa 1967 (1) SCR 128, R.N. Nanju .....

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..... a, R.N. Narayandappa vs. T. Thimmiah and B.N. Nagarajan vs. State of Karnataka wherein this Court observed: [ Umadevi (3) case 1, SCC p.24. para 16[ "16. In B.N. Nagarajan v. State of Karnataka this Court clearly held that the words 'regular' or 'regularization' do not connote permanence and cannot be construed so as to convey an idea of the nature of tenure of appointments. They are terms calculated to condone any procedural irregularities and are meant to cure only such defects as are attributable to methodology followed in making the appointments." Judged by standards laid down by this Court in the aforementioned decisions, the appointments of the respondents are illegal. They do not thus, have any legal right t .....

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