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Patna High Court

Ranjeet KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the clauses in the engagement letters, together with the petitioners’ successful qualification and eight years of continuous service, created a legitimate right to be regularised as substantive Personal Assistants, and the respondents could not deny that regularisation.

Summary

The petitioners, originally engaged on a six‑month contractual basis as Personal Assistants (P.A.) in the Patna High Court after failing the 2017 recruitment test, qualified a subsequent qualifying examination on 16‑12‑2018 as stipulated in their engagement letters. Despite repeatedly qualifying and serving continuously for about eight years, the respondents continued to extend their contracts without regularizing them, citing lack of statutory provision. The petitioners argued that the clauses in their engagement letters created a legitimate right to regularisation, and that the prolonged, indistinguishable service warranted conversion to substantive posts. The respondents contended that the contracts were personal‑service agreements not enforceable by writ, that the claim was barred by limitation, and that the petitioners had not met the statutory recruitment standards. The Court held that the engagement letters provided a valid path to regularisation, the respondents’ extensions did not alter that right, and equity demanded that the petitioners be appointed to regular substantive posts. Consequently, the Court ordered regularisation of petitioners 1, 3, 4 and 5 with effect from the filing date of the writ petition.

Issues considered

  • Whether the contractual engagement letters created a enforceable right to regularisation upon passing the qualifying examination.
  • Whether the petitioners’ claim is barred by limitation, laches or acquiescence.
  • Whether the respondents can rely on the absence of a statutory provision for regularisation of contract employees.
  • Whether the prolonged continuous service of the petitioners transforms their contractual status into a substantive appointment under constitutional principles.

Legislation cited

Subjects

  • contractual employment
  • regularisation
  • personal assistant
  • Article 226
  • employment law
  • long service
  • equity
  • limitation
  • suppression of facts
  • public service recruitment

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8108 of 2024
     ======================================================
1.    Ranjeet Kumar, S/o late Awadhesh Prasad Singh R/o House No.57, Road
      No.10, Indrapuri, P.O.- Keshri Nagar, P.S.- Patliputra, District- Patna-
      800024.
2.   Sunny Katyayan, S/o late Surya Kishor Khan, R/o Plot No.D-42, Flat
     No.302, 2nd Floor, Gali No.17, Hindon Vihar, Barola, Noida, Gautam
     Buddha Nagar, Uttar Pradesh-201301.
3.   Rajeev Kumar, S/o Sri Dinesh Kumar Verma, R/o E-84, Bhagirathi Vihar,
     P.O. and P.S.- Gokal Puri, North East Delhi-110094.
4.   Mohd. Rashid @ Mohammad Rashid, Son of Vaseem Ahmad, R/o Village
     and P.O. Sehuwadeeh, P.S.- Baharia, Tehsil- Phoolpur, District- Allahabad
     (Prayagraj), Uttar Pradesh-212402
5.   Gautam Mohan Shukla, S/o Bipin Mohan Shukla, R/o Bina Niwas, Village-
     Manjhiladih, P.O. and P.S.-Tundi, District- Dhanbad, Jharkhand-828142.

                                                                  ... ... Petitioners
                                        Versus

1.   The State of Bihar through Principal Secretary, General Administration
     Department, Government of Bihar, Patna.
2.   The Secretary, Finance Department, Government of Bihar, Patna.
3.   The Hon'ble Patna High Court, Patna through its Registrar General.
4.   The Registrar General, Patna High Court, Patna.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner       :     Mr. Binod Kumar Singh, Advocate
                                    Ms. Vagisha Pragya Vacaknavi, Advocate
     For the State            :     Ms. Binita Singh, S.C.-28
     For the High Court       :     Mr. Piyush Lal, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                         C.A.V JUDGMENT
                                  Date : 09-01-2026

                          This writ petition is filed invoking the writ

      jurisdiction of this Court under Article 226 of the Constitution

      inter alia praying for absorbing/regularizing the petitioners

      against the vacant permanent substantive posts of Personal

      Assistants (hereinafter to be referred as “P.A.”) in the
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         establishment of this Court, who have been continuing on

         contract basis since their initial engagement from March-April,

         2018, and to grant them all consequential benefits including

         regular pay scale and admissible allowances upon regularization

         of their services with effect from 31.10.2018.

                         2.      The brief factual matrix relevant for the

         present purpose is that, the Patna High Court had published an

         advertisement on 23.03.2017 on its website inviting eligible

         candidates for direct recruitment to 100 vacant posts of P.A.

         under the ministerial establishment of this Court in the pay scale

         of Rs.9300-34800/- (Grade Pay of Rs. 4600) and usual

         allowances as admissible under the Rules. Responding to the

         aforesaid advertisement, the petitioners had applied within the

         stipulated time. Pursuant to the aforesaid recruitment process,

         the Online Test for recruitment to the post of P.A.-2017 was

         conducted on 10.12.2017. On 31.03.2018, it was notified vide

         notice issued by the Registrar General of this Court (Annexure

         P/3), that none of the appearing candidates including the present

         petitioners, met the minimum qualifying standard mentioned in

         Clause-5      of     the Advertisement       No.   P.A./01/2017   and

         consequently none had qualified. In other words, all the

         candidates including the present petitioners stood unsuccessful.
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                         3.      Vide the same notice dated 31.03.2018, it

         was notified that owing to pressing need of manpower due to

         acute shortage of P.As. and in order to meet the requirement and

         exigencies of this Court, it was decided to engage top 100

         candidates, from amongst the non-qualified candidates, purely

         on contractual basis for a period of six months on a consolidated

         pay of Rs.30,000/- only per month subject to the terms and

         conditions mentioned in their engagement letters, which was

         issued individually to each of the aforesaid candidates. Keeping

         in view the reservation policy and roster, as adopted by this

         Court, wherein only 75 candidates could be engaged since 25

         candidates belonging to EBC, SC, ST and DQ category

         candidates could not make it within the said top 100

         “unsuccessful” candidates. Consequently, the present petitioners

         along with other candidates were engaged on contract basis and

         individual engagement letters were issued. The engagement was

         subject to the condition that the candidates must clear the

         minimum         qualifying      standards    as   prescribed   in   the

         advertisement on completion of six months period of their

         service and those candidates who cleared the test would be

         considered for appointment on the substantive post of P.A. on

         probation.
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                         4.      The aforesaid engagement letters (Annexure

         P/4 series) issued to the candidates including the petitioners

         reads as under:-

                                 “With reference to your application for the post
                                 of Personal Assistant in pursuance of the
                                 Advertisement No. P.A/01/2017 dated 23rd
                                 March, 2017 and the computer based exam held
                                 on 10th December, 2017, it is informed that none
                                 of the candidates including you, who appeared
                                 at the aforesaid examination, has cleared the
                                 prescribed       minimum      qualifying     standards
                                 required for selection/appointment on the post of
                                 Personal         Assistant    in     terms    of    the
                                 Advertisement.
                                         However,       in    order    to     meet   the
                                 requirement and exigencies of the Court, you are
                                 hereby engaged on the post of Personal
                                 Assistant purely on contract basis for a period
                                 of six months on the basis of your performance
                                 in the said examination.
                                         Your engagement is subject to the
                                 following terms and conditions:-
                                    1. This engagement is purely contractual
                                         and is made for a period of six months
                                         from the date you report for the duty. It
                                         would give no right to the persons to
                                         claim permanent appointment on any
                                         posts in the High Court.
                                    2. You will report for duty within 15 days from
                                         the date of receipt of this letter of
                                         Engagement. In case you fail to report
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                                         for duty within 15 days, this order will
                                         stand withdrawn.
                                    3. You will be entitled to a consolidated
                                         monthly pay of Rs.30,000/-. You will not
                                         be    entitled   to   any    other   pay   or
                                         allowance/s.
                                    4. This is not a regular appointment in the
                                         High Court. You will not be allowed any
                                         perquisites or facilities available to a
                                         regular or a permanent employee of the
                                         High Court.
                                    5. Your regular appointment is subject to
                                         condition that you must clear minimum
                                         prescribed qualifying standard of the
                                         Court in English Shorthand-Typing test
                                         and English Typing test to be conducted
                                         on    completion      of    six   months   of
                                         Contractual Service.
                                    6. After clearing the said tests, you may be
                                         considered for appointment to the
                                         substantive post of Personal Assistant on
                                         probation by putting you on regular pay
                                         scale of the post plus usual allowances
                                         as admissible under the Rules.
                                    7. This engagement may be terminated
                                         without assigning any reason at any
                                         time during the subsistence of the
                                         service contract.
                                    8. You will be entitled to paid leave on all
                                         public holidays. In addition to the public
                                         holidays, you will be allowed four paid
                                         casual leave for every quarter of a year
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                                         commencing from 1st of January of the
                                         year. Casual leave not availed of, in any
                                         quarter, may be carried forward to the
                                         next quarter but not further. You will not
                                         be allowed more than four days casual
                                         leave at a time.
                                           Xxx”
                         5.      Pursuant thereof, altogether 42 out of 75

         candidates, including the present petitioners, finally joined the

         post of P.A. on the above terms and conditions. The Registrar

         General-respondent no.04 vide his Office Order dated

         10.10.2018 (Annexure P/5) extended the period of engagement

         for 45 days on the same terms and conditions, on which the

         candidates including the petitioners were engaged and it was

         further stated that the qualifying examination as contemplated in

         clauses (5) and (6) of the engagement letters shall be conducted

         and the date thereof would be notified in due course. On

         30.10.2018 (Annexure P/6 series), the date of the aforesaid

         examination, which was meant for regular appointment for the

         42 P.As, serving on contract basis at that time, was notified as

         04.11.2018 by the respondent no.04-Registrar General. The

         aforesaid notice reads as under:-

                                         “It      is   notified   that   qualifying
                                 examination/test of English Shorthand Typing
                                 and English Typing test for regular appointment
                                 of 42 Personal Assistants engaged on contract
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                                 basis for a period of six months, is going to be
                                 held on 4th November, 2018, as per notice
                                 containing schedule, scheme & venue attached
                                 herewith.
                                         A list of all the 42 Personal Assistants
                                 engaged on contract basis bearing their name,
                                 father's name, registration number & roll number
                                 is also attached herewith for information and
                                 needful.
                                         They are hereby directed to appear at the
                                 aforesaid qualifying examination/ test at the venue
                                 mentioned in the notice, as per the schedule;
                                 failing which request for re-test, in no case, shall
                                 be entertained in future.
                                 xxxxx
                                          Dated – 30th October, 2018
                                                                Registrar General”

                         6.      Further, by an even dated notice, it was also

         notified that the aforesaid examination which was scheduled for

         04.11.2018 would to be conducted by the same agency that had

         conducted the initial recruitment examination i.e. TCS in the

         following manner:-

                         i.      Test-I : English Shorthand Dictation and
                                 Typing Test (28 minutes)
                         ii.     Test-II : English Typing Test (10 minutes)

                         7.      On 23.11.2018, the Competent Authority had

         directed to place the results of the aforesaid examination in a

         sealed cover and further that the engagement of the aforesaid
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         contractual employees i.e. the 41 P.A.s, at the time, was

         extended by one month. After completion of the aforesaid test, it

         was notified vide notice dated 05.12.2018 (Annexure P/7), that

         none of the 41 P.As who were engaged and serving at the time

         on contract and had appeared for the test on 04.11.2018 have

         qualified the aforesaid qualifying test. Accordingly, a fresh

         examination of English Shorthand Typing Test for the 41

         candidates was conducted in the Court premises on 16.12.2018.

         The criterion for the examination scheduled for 16.12.2018 also

         stood changed and the candidates were further informed that the

         passage for the aforesaid test shall be approximately of 1000

         words and the speed of stenography expected from them was 80

         words per minute (wpm) and accordingly the dictated passage

         was to be typed out within the prescribed limit of time which

         was 50 minutes. Vide another notice, which was again in

         continuation of the earlier notice dated 05.12.2018, it was

         informed to the 41 candidates that an English Typing Test of 400

         words @ 40 wpm would also be conducted immediately after

         the examination of the English Shorthand typing test on the

         same date i.e., 16.12.2018.

                         8.      After the examination on 16.12.2018 was

         concluded, it was notified vide Office Order No.01, dated
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         11.01.2019 (Annexure P/9) by the respondent no.4-Registrar

         General that based on the performance in the aforesaid

         examination of English shorthand typing test and the English

         typing test held on 16.12.2018, altogether 35 out of the 41

         candidates were continued on contractual basis on the same

         terms and conditions on which their earlier engagements were

         made, till regular selections are held as per the Rules after fresh

         advertisement. The remaining six candidates who could not

         achieve the minimum standard in the aforesaid examination,

         their services stood terminated vide Office Order No. 02 of even

         date (Annexure P/10). Out of the 35 selected persons who were

         to continue as contractual engagement after qualifying the

         examination held on 16.12.2018, only, 08 candidates, including

         the present petitioners remained. Subsequently, even out of the

         aforesaid 08 candidates, 03 candidates resigned and only five

         candidates remained. These five candidates are before this Court

         in the present writ petition.

                         Submissions of the petitioners:-

                         9.      It has been submitted by the learned counsel

         for the petitioners that immediately after qualifying the

         examination held on 16.12.2018, the petitioners preferred

         several     representations       through    the   respondent-Registrar
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         General for appointing them on the substantive post of P.A. in

         view of clause (5) read with clause (6) of their engagement

         letters but in all occasions the respondents have not considered

         their prayer and vide different office orders the services of the

         petitioners was extended periodically and the terms of their

         original      engagement         sustained.   Subsequently,   on   a

         representation dated 09.08.2021, made by the petitioners and

         other candidates engaged contractually, the tenure of their

         contract was further extended till conclusion of the then

         upcoming direct recruitment on the same terms and condition as

         originally engaged on the post of P.A. vide Office Order dated

         05.09.2021 (Annexure P/17). It is emphasized by the learned

         counsel for the petitioners that the petitioners had drawn

         strength from the clauses (5) and (6) of their engagement letters

         to contend that their services merits regularization upon having

         qualified the examination.

                         10.     Adverting to the clauses (5) and (6) of the

         engagement letters, the learned counsel for the petitioners has

         submitted that a bare perusal of the aforesaid clause would show

         that the appointments of the petitioners were made subject to the

         condition that they must clear the minimum prescribed

         qualification upon completion of the six months of contractual
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         service, and after successfully qualifying the aforesaid test, the

         case of the petitioners would be considered for regular

         substantive permanent post of P.A. on probation by putting them

         on regular pay scale and admissible allowances. The

         examination which took place on 16.12.2018 was in pursuance

         of the said stipulation under clauses (5) and (6) of the

         engagement letters, and the petitioners having successfully

         qualified by meeting the minimum statutory standard therein

         have crystallized their right to be considered towards

         regularization.

                         11.     It has been categorically submitted that the

         petitioners were selected, not randomly, rather pursuant to the

         open examination based on their performance therein in order of

         merit, and the stipulation as contained under clauses (5) and (6)

         of their engagement letters clearly provided that upon

         successfully qualifying the examination, the services would be

         regularized. Thus, it is argued that the petitioners were not

         selected as a ‘back-door’ entrant and it would be manifestly

         arbitrary for the respondents to not regularize the services of the

         petitioners against the substantive regular posts despite fulfilling

         the conditions pursuant to clauses (5) and (6) of their

         engagement letters and pertinently after having successfully
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         qualifying the examination conducted on 16.12.2018.

                         12.     It has further been submitted that the

         petitioners who are discharging the same duties as their

         counterparts, who have been appointed on a regular post, are yet

         being deprived of their rightful regularization. The learned

         counsel for the petitioners has drawn strength from the decision

         of the Hon’ble Supreme Court rendered in the case of Jaggo vs.

         Union of India & Ors. reported as 2024 SCC OnLine SC 3826,

         particularly paragraph-10 wherein the Hon’ble Supreme Court

         had held that long and uninterrupted service cannot be brushed

         aside merely by labelling their initial appointments as part-time

         or contractual. The essence of the employment must be

         considered in the light of their sustained contribution, the

         integral nature of the work and the fact that no evidence

         suggests that their entry was illegal or surreptitious. On the

         strength of the aforesaid decision rendered in the case of Jaggo

         (supra), the learned counsel for the petitioners has argued that

         the    case    of     the   present      petitioners   squarely   justifies

         regularization since, firstly, the nature of work dispensed by the

         petitioners are perennial and fundamental to the working of the

         High Court. The recurring nature of these duties necessitates

         their regularization on regular substantive post, irrespective of
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         how their initial engagements were labelled. Secondly, the work

         of the instant petitioners is not only essential but also

         indistinguishable from those regular appointees who are

         working as regular P.A.s in this Court. Thirdly, the petitioners

         are not back-door entrants since their engagement letters itself

         provisioned for a path towards regularization upon qualifying

         the examination as per clauses (5) and (6) of their engagement

         letters and after successfully qualifying the examination

         conducted by the respondent authorities on 16.12.2018, the

         petitioners have a crystallized lawful claim for regularization of

         their services. It is also argued by the learned counsel for the

         petitioners that the denial of the regularization by the respondent

         authorities is a glaring case of misuse of label of ‘engagement

         on contract basis’ and denial of basic rights and benefits of the

         petitioners.

                         13.     The learned counsel for the petitioner has

         also relied on the decision of the Hon'ble Supreme Court in a

         case of Vinod Kumar & Ors. vs. Union of India & Ors,

         reported in (2024) 9 SCC 327, wherein the Hon’ble Court in

         Para-5 had held that the essence of employment and the rights

         thereof cannot be merely determined by initial terms of

         appointment when the actual course of employment has evolved
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         significantly over time. The continuous services of the

         petitioners performing duties indistinguishable from those on

         permanent posts, and their selection through a process that

         mirrors that of regular recruitment, constitute a substantive

         departure from the temporary and scheme-specific nature of

         their initial engagement. Further, adverting to paragraph-8 of the

         aforesaid judgment, the learned counsel for the petitioners has

         argued that in the present case, the service conditions, as

         evolved over a long period of time, warrants a reclassification

         from temporary to regular status. The failure to recognize the

         substantive nature of their role and their continuous service akin

         to the permanent employees runs counter to the principles of

         equity, fairness and intent behind employment regulations.

                         14.     The learned counsel has placed reliance on a

         recent decision of the Hon’ble Supreme Court in the case of

         Dharam Singh & Ors. vs State of U.P. & Anr. reported as 2025

         (4) PLJR (SC) 152 = 2025 SCC OnLine SC 1735.

                         15.     Lastly, the learned counsel appearing for the

         present petitioners submits that the petitioners have now reached

         the upper age limit and therefore they could not appear for any

         public employment and further the petitioners have been serving

         this Court, since April, 2018, i.e., for about eight years now and
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         therefore it is argued that even on a sympathetic consideration

         the petitioners deserve regularization of their services.

                         Submissions of the respondent nos. 3 and 4

                         16.     Per contra, the learned counsel for the

         respondent nos.3 and 4 has submitted at the outset that the

         present writ petition is not maintainable on three counts.

                         17.     Firstly, the petitioners were contractually

         engaged and on the strength of clauses (5) and (6) of their

         engagement letters are seeking regularization against regular

         substantive posts of P.As. which is not maintainable since

         admittedly the aforesaid engagement letters were ‘contracts of

         personal service’ entered into between the petitioners and the

         Patna High Court and the terms of such contracts in the nature

         of ‘personal service’ are not enforceable by way of writ

         jurisdiction except on a limited scope, particularly in three

         circumstances (i) dismissal in violation of Article 311 of the

         Constitution of India; (ii) reinstatement of dismissed worker

         under industrial law by labour / industrial tribunal; and (iii)

         statutory body acting in breach of mandatory obligation imposed

         by statute. The learned counsel for the respondent nos. 3 and 4

         has submitted that none of the three scenarios are attracted in the

         facts of the present case and consequently the instant writ is not
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         maintainable as the petitioners can not seek enforcement of

         clauses (5) and (6) governing their contract which is a ‘contract

         of personal service’ as contained in their engagement letters

         dated 21.03.2018 by way of invoking writ jurisdiction. The

         learned counsel in support of his contention has placed reliance

         on the judgment of the Hon’ble Supreme Court in the case of

         Bank of Baroda Limited vs. Jeewan Lal Mehrotra reported as

         (1970) 3 SCC 677 wherein the Hon’ble Supreme Court had held

         as under:-

                           “3. The main point that has been urged on behalf of
                                 the appellant is that the present case was one of
                                 termination of service after giving of three
                                 months' notice and the ordinary law of master
                                 and servant applied. Although in case of illegal
                                 termination or dismissal the respondent could
                                 have claimed damages but he could not ask for
                                 or be granted a declaration that he should be
                                 treated as if he was still in service. The law as
                                 settled by this court is that no declaration to
                                 enforce a contract of personal service will be
                                 normally       granted.   The    well-recognised
                                 exceptions to this rule are (1) where a public
                                 servant has been dismissed from service in
                                 contravention of Article 311, (2) where re-
                                 instatement is sought of a dismissed worker
                                 under the industrial law by labour or industrial
                                 tribunals, (3) where a statutory body has acted
                                 in breach of a mandatory obligation imposed by
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                                 statute vide U.P. Warehousing Corpn. Ltd. v.
                                 Chandra Kiran Tyagi [(1969) 2 SCC 838. The
                                 case of the respondent did not come under any
                                 of the above exceptions. Therefore, in granting a
                                 declaration of the nature sought by the
                                 respondent the courts acted contrary to law and
                                 that part of the decree could not be upheld. On
                                 behalf of the appellant, the reversal of the
                                 decree for Rs 1650 has not been pressed.”

                         18.     Secondly, the present writ petition is also

         grossly barred by limitation and suffers from delay, laches and

         acquiescence on the part of the petitioners, since according to

         the admitted position of the petitioners they should have been

         absorbed/regularized into regular substantive posts upon

         qualifying the two tests conducted on 16.12.2018 in terms of

         clauses (5) and (6) of their engagement letters, however they

         were not taken into the fold of the High Court against regular

         substantive posts vide order dated 09.01.2019 (Annexure P/9)

         and rather their contractual engagement was continued and

         extended till regular appointments under fresh advertisement.

         Therefore, the learned counsel for the respondent nos. 3 and 4

         has argued that the cause of action arose on 16.12.2018 when

         the petitioners stood qualified in the test, however the petitioners

         have chosen to file the present writ petition only on 09.05.2024

         after a lapse of more than five years. Adverting to Article 137 of
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         the Limitation Act 1963, the learned counsel has submitted that

         the present writ is grossly barred by limitation since merely

         filing repeated representations after the year 2019 and its

         rejection by the Competent Authority does not ipso facto extend

         the cause of action which squarely arose on 16.12.2018 itself. To

         fortify his argument, the learned counsel has placed reliance on

         State of M.P. & Anr. vs. Bhailal Bhai reported as 1964 SCC

         OnLine SC 10 = AIR 1964 SC 1006 and more recently in the

         case of State of Orissa vs. Bhagaban Mohanty (D) thr LRs

         passed in Civil Appeal No. 3525 of 2025 arising out of S.L.P

         (C) No. 26965 of 2019. The learned counsel for the respondent

         nos. 3 and 4 has further argued that the right of the petitioners to

         claim regular appointment as per clauses (5) and (6) of

         engagement letters on passing of the above two tests on

         16.12.2018 was denied to them on 09.01.2019 by issuance of

         office order No. 01 (Annexure P/9) as it was directed that they

         will continue on contract only till regular selection is made as

         per Rules after fresh advertisement. Therefore, it is argued that it

         is an admitted case that the petitioners did not challenge this

         denial of regular appointment and change of term and condition

         of their contractual engagement before any Court of Law and

         continued to work on contractual basis thus, they accepted the
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         said change, i.e. acquiesced to the same, way back in the year

         2019 itself. Accordingly, the petitioners now cannot turn around

         and claim appointment / absorption on regular basis when till

         date they have not challenged either the said decision of denial

         of regular appointment notified on 09.01.2019 or the said

         change of terms and conditions on their engagement on contract

         which admittedly is binding on them and therefore, on this score

         also, it is argued that the present writ stands not maintainable

         having been hit by delay laches and acquiescence.

                         19.     Thirdly, the learned counsel has submitted

         that the present writ is also not maintainable on grounds of

         suppression of material facts and insinuation, inasmuch as, the

         petitioners have deliberately suppressed the fact that on

         23.08.2023,       the    Patna     High      Court   had   issued   fresh

         advertisement for direct recruitment to 36 posts of P.As. and all

         the five instant petitioners had duly applied therein however, the

         petitioner nos. 1, 2, 4 and 5 did not even qualify the preliminary

         test and the petitioner no.3 failed to qualify the written test as

         they stood below the cut-off marks of their respective

         categories. Subsequently, the petitioner nos. 1, 2, 4 and 5 had

         submitted a representation dated 27.02.2024 seeking to allow

         them to directly appear in the written test despite not qualifying
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         the preliminary test, which was rejected and communicated to

         petitioner no.1 vide memo no. 25004 dated 29.03.2024 with a

         request to inform the others. On 08.05.2024 the final result was

         declared for the P.A. Exam-2023 and immediately thereafter the

         petitioners preferred the present petition without adverting to

         and deliberately suppressing the above material facts. It is

         therefore argued that the petitioners had deliberately suppressed

         the facts keeping in view their contractual engagement was

         meant only till fresh appointments were made under P.A. Exam-

         2023 which is not in dispute and therefore, the suppression of

         the material fact renders the instant petition as not maintainable.

                         20.     Now, adverting to the counter affidavit, the

         answering respondent no.4 has brought the bare facts of the case

         to the foreground and submitted that the advertisement

         (employment notice) bearing Adv. No. P.A./01/2017 was issued

         on 23.03.2017 for the direct recruitment to 100 vacant posts of

         P.A, under the ministerial establishment by the Patna High Court

         on the terms and conditions mentioned therein as per applicable

         Rules being the Patna High Court Officers and Staff (Condition

         of Service) Rules, 1997 as amended from time to time. The

         candidates including the petitioners appeared and as per the

         results of the written (online) test which was held on
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         10.12.2017, none of the appearing candidates, including the

         present     petitioners,      obtained       the   minimum   qualifying

         marks/standard in the four tests. It is further submitted that even

         as per the proviso to clause-5 of the advertisement, which

         provisioned for a relaxation of 10%, however still, none of the

         candidates could qualify even the relaxed standards in the four

         tests. It is, therefore, the contention that the candidates not only

         could not qualify the minimum standard, but also could not meet

         the further relaxed minimum standard and were therefore

         unsuccessful. Accordingly, being unqualified in both the

         standards, i.e. minimum standard and the relaxed standard, the

         candidates were not called in for the subsequent second

         recruitment stage, which was the interview stage. However, the

         unsuccessful candidates were engaged purely on contractual

         basis to meet the urgent need and exigency of the Court vide

         notice dated 31.03.2018 and individual letters of engagement

         were accordingly issued on 31.03.2018. It is however stressed,

         by the answering respondent no.4, that since the none of the

         candidates had qualified, no interview stage took place and as a

         result, the recruitment was never complete and no right for

         absorption/regularization could flow from an incomplete

         recruitment process.
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                         21.     It is further submitted by the answering

         respondent no.4 that owing to the pressing exigency, either

         manpower could have been outsourced from open market or

         alternatively could have been met by way of purely contractual

         engagements, for a limited short period of time, from amongst

         the top 100 non-qualified candidates of P.A. Examination, 2017.

         The Patna High Court had decided in favour of the latter which

         was approved by the Establishment Committee of this Court and

         the Competent Authority, accordingly, decided to engage, top

         100 non-qualified candidates in order of merit, purely on

         contractual basis. Since none of the candidates belonging to

         EBC, SC, ST and DQ category could make into top 100 non-

         qualified     candidates,      only      75   candidates   were   offered

         engagement subject to the condition, as stipulated in clause (5)

         and (6), that they must clear the minimum qualifying standards

         which was to be conducted upon completion of the said period

         and those who cleared may be considered for appointment on

         the substantive regular posts of P.A. on probation. Altogether 42

         out of the 75 candidates, including the petitioners, joined the

         service between 09.04.2018 and 14.06.2018.

                         22.     The answering respondent no.4 had next

         submitted that after the completion of the examination which
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         was held on 04.11.2018 by the same agency, i.e., TCS, the result

         was placed before the Competent Authority who vide minutes

         dated 28.11.2019 had noted that according to the norms

         prescribed under the 1997 Rules, none of the candidates were

         able to qualify the test conducted by TCS and had further

         directed that a fresh examination be conducted on 16.12.2018.

         Paragraph nos. 9 and 10 of the counter affidavit filed by the

         answering respondent no.4 is extracted herein below:-

                           “9. That after the above two tests were held on
                                 16.12.2018 in which the said 41 contractual
                                 employees appeared, computerized and manual
                                 evaluation was carried out and result in sealed
                                 cover was placed before the Hon'ble Competent
                                 Authority who after opening and perusing it was
                                 pleased to note that as per the norms fixed (I.e.
                                 minimum percentage of accuracy in English
                                 Shorthand typing test being 90% and that of
                                 English Typing test being 95%) out of the said
                                 41 contractual employees 35, including the
                                 petitioners, were reported to be successful and a
                                 total of 6 could not achieve either or both these
                                 minimum qualifying standards. The Hon'ble
                                 Competent Authority after perusing the entire
                                 concerned file and taking into consideration the
                                 entire facts starting from initiation of the process
                                 for recruitment to the above said 100 posts of
                                 personal assistants was pleased to record his
                                 minutes dated 9.1.2019 holding, amongst others,
                                 as follows:-
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                                         "........... Having considered the same
                                         since the above contractual appointees
                                         were taken into the fold of the High Court
                                         on    account       of    the     exigencies    of
                                         requirement of Personal Assistants and
                                         were engaged on contractual basis, the
                                         issue of regularization as proposed
                                         earlier would not be in consonance with
                                         the Rules, inasmuch as there is no such
                                         provision for regularization of services
                                         of such candidates who had been
                                         appointed on contractual basis after
                                         having       been      unsuccessful     in     the
                                         examinations conducted pursuant to the
                                         advertisement. Even otherwise most of
                                         the candidates could succeed only after
                                         manual evaluation was carried out.
                                         Consequently, in the absence of any
                                         Rules relating to regularization of any
                                         regular appointment by such mode, the
                                         above successful candidates cannot be
                                         offered      regular      appointment     on    a
                                         substantive basis. However, in view of the
                                         exigencies of the High Court which will
                                         continue to prevail and the requirement
                                         of Personal Assistants may be necessary
                                         with any future elevations of Hon'ble
                                         Judges, I find it expedient to retain the
                                         above thirty five candidates mentioned
                                         hereinabove         who    will    continue    on
                                         contractual basis on the same terms and
                                         conditions till regular selections are held
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                                         as     per     the     Rules        after        fresh
                                         advertisement. The services of the six
                                         unsuccessful         candidates         mentioned
                                         hereinabove shall stand terminated. Steps
                                         be    immediately       taken       for     regular
                                         recruitment of Personal Assistants with a
                                         wide Advertisement so as to attract the
                                         maximum number of applicants. The
                                         existing regular vacancies be calculated
                                         and advertisements be issued preferably
                                         within two weeks from today to go ahead
                                         with the regular recruitment process as
                                         per Rules…….”
                               10. That in compliance of the above decisions
                                 office order No. 01(Appt.) dated 9.1.2019
                                 (Annexure-P/19 to writ petition) was issued by
                                 the Patna High Court by which on the basis of
                                 their   performance      in     the    tests      held     on
                                 16.12.2018 the 35 contractual employees,
                                 including the petitioners, were continued on
                                 contract basis on the same terms and conditions
                                 as their initial engagement till regular selection
                                 was held as per Rules after fresh advertisement
                                 and office order No. 02 (Appt.) dated 9.1.2019
                                 (Annexure-P/10 to writ petition) was issued
                                 terminating      services      of     six      contractual
                                 employees as they did not achieve the minimum
                                 qualifying standard required in the above tests
                                 held on 16.12.2018.”

                         23.     It is next submitted that the Patna High Court

         initiated the process of regular direct recruitment for the post
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         and altogether 12 candidates were declared successful and out of

         which, only 09 candidates joined the service and taking note of

         the fact that the P.A. section of the Patna High Court had

         reported a dearth of P.As., despite the joining of newly

         appointed P.As. through direct recruitment, it was directed by

         the Competent Authority on 26.02.2020 that the services of the

         contractual P.As. be continued for two weeks till further

         examination. Thereafter the COVID-19 pandemic broke out and

         disrupted the workings of the Court which had to be shifted into

         virtual mode necessitating increased work load of the

         digitization cell and therefore, the services of the remaining

         contractual P.As. were utilized therein and the engagement of

         the aforesaid contractual P.As. were extended from time-to-time.

         Subsequently, a joint representation dated 09.08.2021 was filed

         by the petitioners requesting for their substantive appointment

         on the post of P.A. and the same was placed before the

         Establishment        Committee,          which   had   considered   the

         representation of the petitioners in its meeting held on

         14.08.2021 and recommended that the petitioners be continued

         as P.As. on contract on the present terms and conditions till the

         conclusion of the impending exercise for direct recruitment of

         P.As. considering the dearth of trained P.AS. and directed the
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         Registry to take expeditious steps for initiation of recruitment

         process for P.As. and that the contractual P.As. may be granted

         age relaxation in the upcoming recruitment exercise subject to

         approval of the competent authority, which was approved by the

         Competent Authority on 05.09.2021.

                         24.     It has further stated in the counter affidavit

         that the petitioners filed yet another representation dated

         12.12.2022 praying for their substantive appointment on the post

         of personal assistant, which was placed before the Establishment

         Committee on 04.01.2023 and the Committee taking note of

         several facts including the fact of continuance of service, their

         work and conduct reports and the petitioners having crossed

         upper age limit for any other employment, had observed that a

         sympathetic view be taken. Accordingly, the matter was placed

         before the Competent Authority and the Competent Authority

         had directed to place the same before the Standing Committee

         noting that the moot question was whether absorption

         /adjustment of the petitioners was permissible under the extant

         recruitment Rules. The Standing Committee in its meeting held

         on 09.05.2023 considered the representation of the petitioners

         and had resolved that "The representation for regularization is

         rejected. However the Standing Committee was of the
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         unanimous opinion that some relaxation could be granted to the

         five Personal Assistants appointed on contract basis. In the

         proposed recruitment, there shall be relaxation of age of five

         years. In the selection process they would also be given 5 (five)

         marks for every completed year of service as contract employee.

         Notification for recruitment shall be issued specifying the

         weightage given to the contract employees continuing presently

         in service. Registry to expedite the notification for vacant posts

         through direct recruitment."

                         25.     It has next been stated in the counter

         affidavit that the Establishment Committee in its meeting held

         on 16.05.2023 while approving the draft advertisement and

         model scheme of Personal Assistant recruitment examination

         had granted relaxation of 5 years in age and 5 marks for every

         completed year of service in the second level of process i.e. in

         the shorthand computer typing test (main) since comparative

         merit is to be adjudged on the basis of this part of the evaluation

         process as well as taking into account the marks obtained in

         interview only whereas the first part of the process i.e.

         preliminary test is merely qualifying in nature and further that

         the said weightage would only be for the petitioners subject to

         the condition that in any case the marks obtained would not
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         exceed the ceiling of total marks. Accordingly, advertisement

         no. PHC/03/2023 was issued on 23.8.2023 by the Patna High

         Court calling for applications for direct recruitment to 36 posts

         of Personal Assistant through Personal Assistant Recruitment

         Examination, 2023 wherein the above decisions in the case of

         petitioners was duly mentioned. In pursuance of the aforesaid

         advertisement, all the petitioners applied and appeared in the

         Preliminary Test and the result of the said Preliminary Test was

         declared on 19.2.2024, in which 312 candidates including the

         petitioner no.3 were declared qualified to take the mains written

         test but, it is emphasized by the answering respondent that, the

         petitioner nos. 1, 2, 4 and 5 did not even qualify in the

         preliminary test as they scored below the cut off marks in their

         respective categories. Thereafter, mains examination was

         conducted and the result of the same was declared, in which 84

         candidates were declared qualified to take interview, however,

         the petitioner no. 3 did not qualify in the main written test as he

         scored below cut of marks of his unreserved category.

                         26.     After the petitioners failed to qualify in the

         above recruitment examination of 2023, they again filed a

         representation dated 27.02.2024 with prayer to allow them to

         move to the second stage of 2023 examination i.e. the mains
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         written test directly. The same was notwithstanding the fact that

         they had not qualified in the first stage i.e. the preliminary test.

         The same was considered by the Competent Authority and the

         representation was rejected on 29.03.2024. It has also been

         asserted in the counter affidavit, as already noted in the

         preliminary objections raised by the learned counsel for the

         respondent no. 3 and 4, that the facts regarding rejection of their

         representation by the Competent Authority has not been brought

         on record in the writ petition and therefore, the same has been

         deliberately suppressed by the petitioners.

                         27.     It is the categorical submission on behalf of

         the respondent no.4 that the case of the petitioners for

         appointment/absorption as per clause (5) and (6) of their

         engagement letters dated 31.03.2018 has been considered at

         three different occasions by the Patna High Court. Firstly, on

         09.01.2019       by    the    Competent Authority,    secondly,   on

         14.08.2021 by the Establishment Committee of this Court

         concurring with the decision dated 09.01.2019 and approved by

         the Competent Authority on 05.09.2021 and thirdly on

         09.05.2023 by the Standing Committee. It is emphasised that on

         all three occasions, it was found that the petitioners cannot be

         appointed / absorbed / regularized on permanent vacancy of the
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         post of P.As. because there is no provision under the applicable

         Rules i.e. Patna High Court Officers and Staffs (Condition of

         Service) Rules, 1997 that a person who has been appointed on

         contractual basis after having been unsuccessful in selection

         process held for direct recruitment in pursuance of an

         advertisement can be taken into regular service by either of the

         said three modes.

                         28.     The learned counsel for the respondent no. 3

         and 4 has next submitted that it is an admitted fact that as per

         Rule 9(7) of the 1997 Rules and clause 5 of advertisement No.

         01/PA/2017        dated     23.3.2017,       the   procedure   for   direct

         recruitment on the post of P.A. was written test and interview

         and selection was to be made on basis of aggregate marks of

         these two tests. It is also an admitted fact that the petitioners

         along with all other candidates were not successful in written

         test held on 10.12.2017 and thus were never called for interview

         and the selection process was not continued any further and thus

         it came to an end. Though the petitioners were unsuccessful

         candidates in first stage of recruitment process but were

         appointed purely on contract for a period of 6 months only due

         to administrative exigencies. Further, it is submitted by the

         learned counsel for the respondent nos. 3 and 4 that clauses (5)
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         and (6) of engagement letters dated 31.3.2018, on which

         reliance is placed by the petitioners, cannot override the

         statutory provisions of 1997 or 2021 Rules as it is settled law

         that recruitment can only be in terms of statutory rules and the

         terms and conditions of advertisement.

                         29.     The learned counsel has placed heavy

         reliance on the decisions of the Hon’ble Supreme Court in the

         case of Malik Mazhar Sultan and Anr. vs. U.P. Public Service

         Commission & Ors reported as (2006) 9 SCC 507; Indian

         Institute of Technology & Anr. vs. Paras Nath Tiwari & Ors.

         reported as (2006) 9 SCC 670 and the decision in the case of

         Gridco Ltd & Anr. vs Standards Doloi & Ors. reported as

         (2011) 15 SCC 16.

                         30.     It is further submitted by the learned counsel

         for the answering respondents that even if there existed any right

         under clauses (5) and (6) of engagement letters dated 31.3.2018

         but on reading of the same would clearly show that only a

         limited right which the petitioners had was a right of

         consideration of their cases for regular appointment if they were

         successful in the two tests and the petitioners being successful in

         qualifying these two tests held on 16.12.2018, their said limited

         right was given effect to by due consideration of their cases for
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         regularization thrice i.e. by the Competent Authority on

         09.01.2019 and for the second time on 14.8.2021 / 05.09.2021

         and finally for a third time on 09.05.2023. Each time, it was

         found that they cannot be appointed or regularized in view of

         there being no statutory provisions that a person who has been

         appointed on contractual basis after having been unsuccessful in

         selection process held for direct recruitment in pursuance of an

         advertisement can be taken into regular service. Further, the said

         two clauses 5 and 6 never provided that as soon as they would

         pass the two tests they will be regularized per se and

         automatically.

                         31.     It is next submitted that even arguendo if a

         right accrued in favour of the petitioners to be appointed on

         regular basis as soon as they passed the above two tests in terms

         of clauses (5) and (6) of the engagement letters, the same in

         view of the decision of the Competent Authority dated

         09.01.2019 stood changed to a new term and condition that they

         were to continue on contract till regular appointments are made

         as per Rules after fresh advertisement and again reiterated vide

         office order No.10 dated 05.09.2021 considering their

         representation dated 09.08.2021. It is stressed by the learned

         counsel that the petitioners have never challenged this change of
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         original terms and condition of their contractual appointment

         before any Court of Law and rather have accepted the same and

         continued till date with their contract being extended from time

         to time. Thus, having accepted the said change the petitioners

         cannot now turn around and claim that the new term and

         condition of their contractual appointment imposed on

         09.01.2019 be changed back to the original term and condition

         as contained in clauses (5) and (6) of their engagement letters

         dated 31.3.2018 as it would amount to re-writing the terms and

         conditions of a contract which cannot be granted to them on any

         count.

                         32.     It is settled law that appointment can be only

         made following the rules of recruitment and procedure

         prescribed thereunder in compliance of Articles 14 and 16 of the

         Constitution of India and an irregular appointment can be

         regularized provided provision exist under the applicable Rules.

         An appointment is irregular for want of compliance of one of

         the elements in the selection process which does not go to the

         root of the process.

                         33.     It is argued by the learned counsel for the

         answering respondents that in the present case admittedly the

         applicable Rule was the 1997 Rules. The procedure for direct
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         recruitment to the post of P.A. under Rule 9(7) is (i) English

         shorthand typing test (ii) English typing test (iii) English

         language and grammar test (iv) knowledge of computer

         application test and (v) interview. A candidate to be successful in

         written test had to obtain the minimum qualifying marks

         prescribed for each of these four subject tests. On being

         successful in written test, a candidate could qualify to appear in

         interview and to qualify in the interview he had to obtain

         minimum 30% marks. Final selection for appointment as per

         1997 Rules was to be on the basis of merit based on aggregate

         of marks of written test and interview. In the present case,

         admittedly, the petitioners did not obtain minimum qualifying

         marks in any of the four subjects of written tests and they also

         could not obtain minimum qualifying marks when relaxed by

         10% each as per proviso to Rule 7(9) of the 1997 Rules and

         were unsuccessful candidates of written test and therefore

         ineligible for the second stage of recruitment process i.e.

         interview. Therefore, it is argued that the selection process of the

         petitioners     under Advertisement          No.   PA/01/2017   dated

         23.03.2017 suffered from want of compliance of two mandatory

         elements under the 1997 Rules, both of which went to the root

         of the selection process due to performance of the petitioners
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         themselves, firstly, they did not qualify in the first stage i.e.

         written test in any of the four subjects even on the relaxed

         criteria and secondly, as a consequence of the petitioners being

         unsuccessful even after the relaxed parameter they were not

         eligible for the second stage i.e. interview and consequently

         were never called for the mandatory interview stage.

         Accordingly, it is argued by the learned counsel for the

         answering respondents that the petitioners were never selected

         as per the 1997 Rules being unqualified in first stage and

         ineligible candidates for the second stage under the said

         recruitment process and therefore, their services cannot be

         regularized much less w.e.f. 30.10.2018. Moreover, under the

         1997 Rules or the 2021 Rules, there is no provision for

         regularization of such unqualified and ineligible candidates and

         therefore, their said claim has been consistently rejected thrice

         by the aforesaid Authorities after due consideration.

                         34.     The learned counsel for the answering

         respondents have also argued that it is a settled law that there is

         no fundamental right in those appointed on contract to claim for

         absorption or regularization as they cannot be said to be holders

         of a post since a person can hold a post only after being

         appointed on regular basis and further that once the period of
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         contract is over, a contractual employee cannot be granted relief

         of being directed to be appointed as regular employee. The

         petitioners cannot say that because work has been taken from

         them for past eight years, their service should be regularized.

         The same is because of the Rule position and also because the

         Hon'ble Supreme Court has held that the State has a right to

         enter into contract of personal employment and impose

         conditions not inconsistent with the Constitution and there is no

         compulsion for a person to enter into such a contract of service

         and he is free to accept or reject the offer but having accepted it

         he is bound by it. The learned counsel for the answering

         respondent has drawn strength in support of his submissions

         from the decision of the Hon’ble Supreme Court in the case of

         State of Orissa vs. Chandra Shekhar Mishra, reported as

         (2002) 10 SCC 583; Secretary to Government, School

         Education Department, Chennai vs. R. Govindaswamy and

         others reported as (2014) 4 SCC 769 and Gridco Limited and

         another vs Sadananda Doloi & Ors. reported as (2011) 15 SCC

         16.

                         35.     It is lastly submitted by the learned counsel

         for the answering respondents that though the petitioners have

         claimed that the respondent-High Court has previously in the
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         year 2015 appointed P.As. substantively, who were originally

         selected on ad hoc and on contractual basis but, the aforesaid

         claim of the petitioners is misleading as the said persons

         appointed in the year 2015 are not similarly situated persons as

         they were appointed in the year 2015 on probation in terms of

         proviso to Rule 7(9) of Part V of the 1997 Rules vide Notice

         dated 07.11.2015. The said proviso empowers the High Court to

         appoint candidates on probation for a period of one year who

         have secured 10% less than the minimum qualifying marks in

         any of the above four subjects of written test but have obtained

         30% minimum qualifying marks in interview with the condition

         that they will obtain the minimum qualifying standards within

         the said period in respect of the subject of deficiency. This

         proviso to Rule 7(9) was added vide Amendment to 1997 Rules

         w.e.f. 18.9.2015 i.e. before the said appointment on 07.11.2015

         and therefore, the Notice for interview dated 06.07.2015 also

         clearly states "as per proviso advertised" and was duly

         incorporated in clause 5 of Advertisement No. PA/01/2017 dated

         23.3.2017 under which the petitioners had applied but, as stated

         above, none of the petitioners could qualify the four subjects of

         written test even with the said relaxation of 10% in the

         minimum qualifying marks to be called for interview whereas
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         those appointed on 07.11.2015 had qualified with 10%

         relaxation and faced interview before their appointment in terms

         of the said proviso to Rule 7(9) of 1997 Rules. It is, therefore,

         the contention that no parity can be claimed by the present

         petitioners in so far as the recruitment in the year 2015 is

         concerned. The petitioners have also claimed that they have

         discharged the same duties as regular P.As. and they have also

         satisfactorily discharged their duties. In this regard, the learned

         counsel for the answering respondents has submitted that the

         petitioners had participated in two direct recruitment process for

         appointment on the post of P.A. vide Advertisement Nos.

         PHC/02/2019         dated     21.9.2019      and   PHC/03/2023   dated

         23.8.2023. In both these recruitment processes, none of them

         were successful. Thus, when with their claimed experience of

         work of P.As. in the Patna High Court, the petitioners were not

         able to obtain even the minimum qualifying standards in two

         different direct recruitment for the said same post whereas other

         fresh candidates even without such similar experience could

         obtain them and qualify to be appointed on regular basis speaks

         volumes about their competence and thus their being taken into

         service would not be in the interest of administration of justice

         of this Court.
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                         36.     The petitioners have filed a rejoinder to the

         counter affidavit filed by the respondents. In the rejoinder

         affidavit, it has been stated that the assertion of the answering

         respondents that the petitioners had failed to qualify the

         minimum standard and even the relaxed minimum standard is

         not correct since no statement of marks was ever published by

         the High Court showing individual/separate marks of each

         candidate. The petitioners only came to know through the notice

         dated 31.03.2018 that they were amongst the unsuccessful

         candidates who were called for to be engaged on contract basis.

                         37.     The learned counsel for the petitioners has

         next submitted that they have duly qualified a harder/tougher

         examination, viz. the English Shorthand Typing Test and English

         Typing Test which were held on 16.12.2018. It is the categorical

         submission for the petitioner that the statutory accuracy of 90%

         in English Shorthand Typing test and 95% in English Typing

         Test have been successfully qualified under clause 5 of the letter

         of engagement. Therefore, it is the submission that in view of

         clause (6) of the aforesaid letter of engagement, the petitioners

         having successfully qualified in the test conducted on

         16.12.2018, should have been appointed against the regular

         substantive posts.
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                         38.     In this case, the petitioner no.2 namely,

         Sunny Katyayan has filed a supplementary affidavit stating that

         during the pendency of this writ petition he has been appointed

         as Stenographer (English) in the establishment of Civil Court,

         Nawada and therefore, he had decided to resign from the

         services of this Court in order to enable him to join in the Civil

         Court. The petitioner no.2 states that he reserves his right to

         prosecute the present writ as well as the right to hold the post of

         P.A., in the event this writ petition succeeds.

                         39.     I have considered the elaborate pleadings and

         the records of the case and also considered the submissions

         advanced by the parties.

                         40.     Before proceeding with the matter, the

         preliminary objections raised by the answering respondents is

         required to be dealt with. In the considered opinion of this

         Court, the objections raised by the answering respondents is not

         appealing this Court in view of the fact that the respondent-High

         Court had itself repeatedly granted extensions of engagement of

         the petitioners and therefore, the question of limitation does not

         arise from the date of examination conducted on 16.12.2018 and

         in the same background, the suppression of material facts also

         assumes lesser relevance. Further, the question of regularization
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         of the petitioner in the ministerial establishment of the High

         Court squarely falls within the purview of Article 226 of the

         Constitution of India. Therefore, this writ petition is held to be

         maintainable.

                         41.        Now, coming to the case, the Patna High

         Court vide a public advertisement dated 23.03.2017 had

         advertised for direct recruitment to 100 vacant permanent posts

         of P.A. and responding thereto, candidates including the instant

         petitioners duly applied and appeared in the first phase of the

         recruitment examination i.e. the online test held on 10.12.2017

         in the following manner, as mentioned in notice dated

         07.12.2017:-

                             i.      Test-I: Shorthand Dictation and (28 minutes)
                                     Typing Test
                             ii.     Test-II : Knowledge of Computer (10 minutes)
                                     Application Test
                             iii.    Test-III : English Language and (20 minutes)
                                     Grammer Test
                             iv.       Test-IV : English Typing Test   (10 minutes)
                                                Total                  (68 minutes)

                         42.        Pertinently, the online test, which consisted

         of four tests, had individual minimum passing threshold as

         elucidated in the aforenoted advertisement dated 23.03.2017. It

         is imperative to note that the Patna High Court Officers and

         Staff (Conditions of Service and Conduct) Rules, 1997 which

         occupied the field and the relevant mode of recruitment for the
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         post of P.A. reads as under :-

                                 “By direct recruitment on the basis of
                                 (i) English shorthand-typing test with minimum
                                 speed of 100 words and 40 words per minute
                                 respectively.
                                 (ii)Typing (English) speed of 40 words per
                                 minute.
                                 (iii)English language and grammar test.
                                 (iv)Knowledge of Computer applications.
                                 (v) Oral Interview.
                                 The minimum qualifying standard will be :-
                                 (i) Accuracy of 90 % in English Shorthand
                                 typing test;
                                 (ii) 95 % in English typing test;
                                 (iii) 60 % marks in English Language and
                                 grammar test;
                                 (iv) 60 % marks in computer application test,
                                 (v) 30 % marks in oral interview
                                 Provided that except in regard to interview, if
                                 any candidate secures 5 % less than the
                                 minimum excepted marks in any of the above, he
                                 may be selected purely on adhoc basis for one
                                 year, during which period he will have to clear
                                 the expected minimum qualifying standard in
                                 two biannual tests held in respect of the subject
                                 of deficiency. Unless regular appointment is
                                 made by specific order, candidate will continue
                                 to be an ad hoc appointee. If the candidate
                                 clears     the    expected    minimum        qualifying
                                 standard       within   the   period    of     Ad-hoc
                                 appointment, he shall be duly appointed in the
                                 cadre on regular basis, failing which, he shall
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                                 be declared unfit for appointment in the cadre.
                                 Provided further that those candidates, other
                                 than above and other than in relation to marks
                                 secured in interview, who secure 10 % below
                                 the minimum expected the qualifying marks in
                                 any of the tests aforesaid may be considered for
                                 selection purely on contractual basis for a
                                 maximum period of one year as Stenographer
                                 on contract and if in biannual test held, he
                                 fails to obtained the minimum expected
                                 qualifying marks in the area of deficiency, his
                                 contracts shall stand automatically terminated.
                                 On clearing the test and attaining the standard
                                 within the contract period, they may be
                                 considered for appointment subject to vacancy.
                                 The contractual consolidated payment would be
                                 equivalent to the basic grade with no increment
                                 or other benefits till they become eligible for
                                 appointment in the cadre on regular basis.
                                 xxx.”

                         43.     The Clause-5 of the advertisement published

         on 23.03.2017 reads as under:-

                                 “5. Mode of Appointment
                                         By direct recruitment on the basis of (i)
                                 English shorthand-typing test with minimum
                                 speed of 80 W.P.M. for 240 words only i.e. at the
                                 rate of 80 W.P.M. for 3 minutes and 20 minutes
                                 for its transcription along with 5 minutes for
                                 revision     of      shorthand   immediately    after
                                 dictation,    followed     by    intensive   in-house
                                 training for three months thereafter (ii) Typing
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                                 (English) speed of 40 words per minute (iii)
                                 English language and grammar test (iv)
                                 Knowledge of Computer applications (v) Oral
                                 Interview.
                                         The minimum qualifying standard will
                                 be:- (i) Accuracy of 90% in English Shorthand
                                 typing test; (ii) 95% in English typing test; (iii)
                                 60% marks in English Language and grammar
                                 test; (iv) 60% marks in computer application
                                 test, (v) 30% marks in oral interview.
                                         Provided that, except in regard to
                                 interview, if any candidate secures 10% less
                                 than the minimum qualifying marks in any of the
                                 above, he may be selected and appointed on
                                 probation for one year with the stipulation that
                                 within that period he will have to clear the
                                 minimum qualifying standard in two biannual
                                 tests to be held in respect of the subject of
                                 deficiency; the probation may be extended, at
                                 the discretion of the Chief Justice for up to two
                                 further six months period with the similar
                                 stipulation of clearing the minimum qualifying
                                 standard in the test to be held.
                                 Age:- Age of candidate as on 01st January 2017
                                 shall not be less than 25 years and shall not be
                                 more than 35 years”

                         44.     Be it noted that the minimum qualifying

         standard was prescribed as 90% in English shorthand typing

         test, 95% in English typing test, 60% in English Language and

         Grammer Test and 60% in computer application test. The
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         proviso to the aforesaid clause (5) also provisioned for a

         relaxation of up to 10% in the following manner:-

                                             Qualifying threshold    Qualifying threshold after
                                             under clause-5 of the    relaxation under proviso
                                                 recruitment              to clause-5 of the
                                                advertisement        recruitment advertisement
           Test-I Shorthand Dictation and             90%                      80%
                    Typing Test
           Test-II Knowledge of Computer              95%                      85%
                   Application Test
            Test-III English Language and             60%                      50%
                     Grammer Test
             Test-IV English Typing Test              60%                      50%


                          45.     From the reading of the aforesaid Rules of

         1997 as well as the stipulation contained in the Advertisement

         dated 23.03.2017, it is clear that the aforesaid advertisement was

         in consonance with the extant Rules.

                          46.     Since none of the appearing candidates could

         meet the prescribed minimum threshold or even the relaxed

         threshold, it was decided that the top 100 candidates, from

         amongst the non-qualified, would be engaged purely on

         contractual basis for a fixed period of six months on a

         consolidated pay of Rs 30,000/-, in order to meet the emergent

         need of P.As. in this High Court. The individual engagement

         letters were issued, which contained the stipulation under

         clauses (5) read with clause (6) providing a path towards regular

         appointment to the substantive regular post of P.A. on probation

         by putting them on regular pay scale of the post plus usual
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         allowances. The tenure of such contractual employees were

         extended from time-to-time and finally the examination as

         stipulated under the clauses (5) and (6) of their engagement

         letters were conducted on 04.11.2018, however the appearing

         candidates again failed to meet the criteria and once again it was

         decided by the Competent Authority to conduct a fresh

         examination on 16.12.2018 in Court premises, which finally

         resulted in 35 out of 41 candidates clearing the examination by

         meeting the required minimum marks and 06 candidates failed

         to meet such threshold and their contract was terminated.

         Though the petitioners stood successful in the examination

         conducted on 16.12.2018, but they were not appointed on

         regular basis in pursuance of the clauses (5) and (6) of their

         engagement letters and rather they were continued on

         contractual basis on the very same terms and conditions on

         which their initial engagement was made. Their tenure was

         extended till the then upcoming regular recruitment process,

         however, even subsequently the petitioners were continued on

         contractual basis by extending their period of engagement, the

         latest being the Office Order dated 05.09.2021.

                         47.     This Court has duly noted that the notice

         dated 30.10.2018 issued by the respondent-Registrar General of
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         this Court, clearly mentions that the examination was for the

         purposes of regularizing the services of the appearing

         candidates. To lay ample emphasis, this Court deems it

         appropriate to reproduce the relevant paragraph of the aforesaid

         notice dated 30.10.2018, which is as under:-

                                 “It is notified that qualifying examination/ test
                                 of English Shorthand Typing and English Typing
                                 test for regular appointment of 42. Personal
                                 Assistants engaged on contract basis for a
                                 period of six months, is going to be held on 4 th
                                 November, 2018, as per notice containing
                                 schedule, scheme & venue attached herewith.
                                 Xxxx”

                         48.     It is therefore patently clear, that the

         examination which was conducted by the respondent authorities

         on 16.12.2018 was an additional opportunity granted to the

         petitioners in continuation with the examination conducted on

         04.11.2018 which itself was clearly for the express of purpose of

         regular appointment against the post of P.A. Therefore, in the

         considered opinion of this Court, the examination conducted on

         16.12.2018 was in pursuance of clauses (5) and (6) of the

         engagement letters which was meant for regularizing the

         services of the petitioners. Once the petitioners stood duly

         qualified in the examination conducted on 16.12.2018, they

         ought to have been appointed on regular substantive post of P.A.
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         on probation as stipulated specifically under clause (6) of the

         engagement letters, but instead of doing so, they were continued

         on contractual basis on the very same terms and conditions on

         which they were originally engaged. It is underscored that no

         fresh engagement letters with modified or altogether new terms

         and conditions were provided, and the terms and conditions of

         original engagement letters were simply extended. This, in the

         considered opinion of this Court, creates an incongruous

         situation since if the stipulation regarding continuation of the

         qualified candidates continuing on the same terms and

         conditions is accepted, it would mean that clauses (5) and (6)

         still subsist and therefore, the Competent Authority appears to

         have decided to keep open the path towards regularization for

         the petitioners, however till date no steps for regularization of

         the service of the petitioners has been taken.

                         49.     The contention of learned counsel for the

         respondent nos. 3 and 4 that the decision dated 09.01.2019, by

         which the Competent Authority had decided to continue the

         services of the petitioners on contract basis, has changed the

         terms and conditions of engagement, is not appealing to this

         Court since no such express stipulation altering, changing or

         modifying the conditions of engagement has been made by the
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         answering respondents. Therefore, this incongruous situation is

         unsustainable and could not be allowed to perpetuate anymore.

                         50.     Moreover, this Court has noted the following

         aspects. Firstly, in clauses (5) and (6) of the engagement letters

         of the petitioners, the respondents themselves had provided a

         path towards regularization of the contractual service of the

         petitioners subject to the condition of them qualifying the test.

         Secondly, the respondents despite conducting the examination

         on the pretence and for the express purpose of regularizing the

         services of the contractual P.As, including the petitioners, had

         failed to appoint the petitioners against substantive permanent

         post even after admittedly they had duly qualified the

         tougher/harder examination which was held on 16.12.2018.

         Thirdly, the extensions of engagement tenure were granted

         periodically to the petitioners by the respondent authorities

         themselves which today stands cumulatively at about eight years

         of continued uninterrupted service, which is akin and

         indistinguishable to that of a regular P.A. appointed on a

         substantive permanent post. Fourthly, during the continued

         service of about eight years, there is nothing on record to show

         that the work and conduct of the petitioners was/is

         unsatisfactory.
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                         51.     Though       the     learned   counsel    for     the

         respondent nos. 3 and 4 has heavily relied upon the decision of

         the Hon’ble Supreme Court in the case of State of Karnataka

         vs. Uma Devi reported as AIR 2006 SC 1806 to repel the claim

         of the petitioners for regularization but, the aforesaid judgment

         does not bar the petitioners’ claim since there is not an absolute

         bar for regularization. The decision of Uma Devi (Supra) itself

         carves out an exception for such cases where employees have

         been working for a long period and were not appointed through

         a backdoor or in violation of constitutional requirements. In the

         present case, the appointment of the petitioners cannot be said to

         be illegal but at best may be said to be irregular, and as such,

         irregularity stood cured by virtue of the petitioners qualifying

         the examination conducted on 16.12.218 together with long

         continuation of service and multiple extensions of their

         engagement.

                         52.     Further, the Hon’ble Supreme Court in the

         case of Dharam Singh (supra) has held as under:-

                            “10. It must be noted that the premise of “no
                                 vacancy” is, in any event, contradicted by the
                                 evidence on record. An RTI response of
                                 22.01.2010       received   from   the   office    of
                                 Respondent No.2 indicated existence of Class-IV
                                 vacancies. Furthermore, I.A. No. 109487 of
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                                 2020 filed before this Court by the appellants
                                 specifically pointed to at least five vacant Class-
                                 IV/Guard posts and one vacant Driver post
                                 within the establishment. That application also
                                 set out the names of similarly situated daily
                                 wagers who were regularised earlier within the
                                 same Commission. No rebuttal was filed to the
                                 I.A. The unrebutted assertion of vacancies and
                                 the comparison with those who received
                                 regularisation materially undermine the High
                                 Court's conclusion that no vacancy existed and
                                 reveal unequal treatment vis-à-vis persons
                                 similarly placed. Selective regularisation in the
                                 same      establishment,     while   continuing    the
                                 appellants on daily wages despite comparable
                                 tenure and duties with those regularized, is a
                                 clear violation of equity.

                            11. Furthermore, it must be clarified that the
                                 reliance placed by the High Court on Umadevi
                                 (Supra) to non-suit the appellants is misplaced.
                                 Unlike Umadevi (Supra), the challenge before
                                 us   is    not    an   invitation    to   bypass   the
                                 constitutional scheme of public employment. It is
                                 a challenge to the State's arbitrary refusals to
                                 sanction posts despite the employer's own
                                 acknowledgement of need and decades of
                                 continuous reliance on the very workforce. On
                                 the other hand, Umadevi (Supra) draws a
                                 distinction between illegal appointments and
                                 irregular engagements and does not endorse the
                                 perpetuation of precarious employment where
                                 the work itself is permanent and the State has
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                                 failed, for years, to put its house in order. Recent
                                 decisions of this Court in Jaggo v. Union of
                                 India and in Shripal v. Nagar Nigam, Ghaziabad
                                 have emphatically cautioned that Umadevi
                                 (Supra) cannot be deployed as a shield to justify
                                 exploitation through long-term “ad hocism”, the
                                 use of outsourcing as a proxy, or the denial of
                                 basic parity where identical duties are exacted
                                 over     extended       periods.    The         principles
                                 articulated therein apply with full force to the
                                 present case…

                                 xxxxxx

                            18. Moreover, it must necessarily be noted that “ad-
                                 hocism” thrives where administration is opaque.
                                 The State Departments must keep and produce
                                 accurate establishment registers, muster rolls
                                 and outsourcing arrangements, and they must
                                 explain,     with    evidence,     why        they   prefer
                                 precarious engagement over sanctioned posts
                                 where the work is perennial. If “constraint” is
                                 invoked,      the    record   should          show    what
                                 alternatives were considered, why similarly
                                 placed workers were treated differently, and how
                                 the chosen course aligns with Articles 14, 16
                                 and 21 of the Constitution of India. Sensitivity to
                                 the    human         consequences        of     prolonged
                                 insecurity is not sentimentality. It is a
                                 constitutional discipline that should inform
                                 every decision affecting those who keep public
                                 offices running.
                            19. Having regard to the long, undisputed service of
                                 the appellants, the admitted perennial nature of
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                                 their duties, and the material indicating
                                 vacancies and comparator regularisations….
                          20.          We     have       framed        these       directions
                                 comprehensively because, case after case,
                                 orders of this Court in such matters have been
                                 met        with      fresh      technicalities,      rolling
                                 “reconsiderations,” and administrative drift
                                 which further prolongs the insecurity for those
                                 who have already laboured for years on daily
                                 wages. Therefore, we have learnt that Justice in
                                 such cases cannot rest on simpliciter directions,
                                 but it demands imposition of clear duties, fixed
                                 timelines, and verifiable compliance. As a
                                 constitutional employer, the State is held to a
                                 higher standard and therefore it must organise
                                 its perennial workers on a sanctioned footing,
                                 create a budget for lawful engagement, and
                                 implement judicial directions in letter and spirit.
                                 Delay to follow these obligations is not mere
                                 negligence but rather it is a conscious method of
                                 denial that erodes livelihoods and dignity for
                                 these workers. The operative scheme we have
                                 set    here        comprising        of    creation       of
                                 supernumerary          posts,      full   regularization,
                                 subsequent financial benefits, and a sworn
                                 affidavit of compliance, is therefore a pathway
                                 designed to convert rights into outcomes and to
                                 reaffirm that fairness in engagement and
                                 transparency in administration are not matters
                                 of grace, but obligations under Articles 14, 16
                                 and 21 of the Constitution of India.”
                                                                    (emphasis supplied)
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                         53.     The Hon’ble Supreme Court in the case of

         Jaggo Vs. Union of India (supra) relying on the judgment

         passed in Vinod Kumar and Ors. Etc. Vs. Union of India &

         Ors., reported in (2024) 1 S.C.R. 1230 has made the following

         observations:-

                         “20. It is well established that the decision in Uma
                                 Devi (supra) does not intend to penalize
                                 employees who have rendered long years of
                                 service     fulfilling    ongoing     and     necessary
                                 functions of the State or its instrumentalities.
                                 The said judgment sought to prevent backdoor
                                 entries and illegal appointments that circumvent
                                 constitutional requirements. However, where
                                 appointments were not illegal but possibly
                                 “irregular,” and where employees had served
                                 continuously against the backdrop of sanctioned
                                 functions for a considerable period, the need for
                                 a   fair     and     humane      resolution    becomes
                                 paramount.         Prolonged,       continuous,      and
                                 unblemished service performing tasks inherently
                                 required on a regular basis can, over the time,
                                 transform      what      was    initially   ad-hoc    or
                                 temporary into a scenario demanding fair
                                 regularization. In a recent judgment of this
                                 Court in Vinod Kumar and Ors. Etc. Vs. Union
                                 of India & Ors. [2024] 1 S.C.R. 1230, it was
                                 held that held that procedural formalities cannot
                                 be used to deny regularization of service to an
                                 employee whose appointment was termed
                                 "temporary" but has performed the same duties
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                                 as performed by the regular employee over a
                                 considerable period in the capacity of the
                                 regular employee. The relevant paras of this
                                 judgment have been reproduced below:
                                         “6. The application of the judgment in
                                         Uma Devi (supra) by the High Court
                                         does not fit squarely with the facts at
                                         hand, given the specific circumstances
                                         under        which         the    appellants        were
                                         employed and have continued their
                                         service. The reliance on procedural
                                         formalities at the outset cannot be used to
                                         perpetually deny substantive rights that
                                         have accrued over a considerable period
                                         through       continuous               service.     Their
                                         promotion was based on a specific
                                         notification         for     vacancies            and    a
                                         subsequent         circular,       followed        by    a
                                         selection process involving written tests
                                         and interviews, which distinguishes their
                                         case from the appointments through back
                                         door entry as discussed in the case of
                                         Uma Devi (supra).
                                      7. The judgment in the case Uma Devi
                                         (supra)       also     distinguished              between
                                         “irregular” and “illegal” appointments
                                         underscoring           the         importance            of
                                         considering certain appointments even if
                                         were not made strictly in accordance
                                         with the prescribed Rules and Procedure,
                                         cannot be said to have been made
                                         illegally     if     they        had     followed       the
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                                          procedures of regular appointments such
                                          as conduct of written examinations or
                                          interviews as in the present case…”
                            21. The High Court placed undue emphasis on the
                                 initial label of the appellants’ engagements and
                                 the outsourcing decision taken after their
                                 dismissal. Courts must look beyond the surface
                                 labels     and        consider        the   realities     of
                                 employment: continuous, long-term service,
                                 indispensable duties, and absence of any mala
                                 fide or illegalities in their appointments. In that
                                 light, refusing regularization simply because
                                 their original terms did not explicitly state so,
                                 or because an outsourcing policy was belatedly
                                 introduced, would be contrary to principles of
                                 fairness and equity.
                            22. The pervasive misuse of temporary employment
                                 contracts, as exemplified in this case, reflects a
                                 broader systemic issue that adversely affects
                                 workers' rights and job security. In the private
                                 sector, the rise of the gig economy has led to an
                                 increase         in        precarious        employment
                                 arrangements, often characterized by lack of
                                 benefits, job security, and fair treatment. Such
                                 practices have been criticized for exploiting
                                 workers and undermining labour standards.
                                 Government            institutions,     entrusted       with
                                 upholding the principles of fairness and justice,
                                 bear an even greater responsibility to avoid such
                                 exploitative employment practices. When public
                                 sector entities engage in misuse of temporary
                                 contracts, it not only mirrors the detrimental
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                                 trends observed in the gig economy but also sets
                                 a concerning precedent that can erode public
                                 trust in governmental operations.
                            23. The International Labour Organization (ILO), of
                                 which India is a founding member, has
                                 consistently advocated for employment stability
                                 and the fair treatment of workers. The ILO's
                                 Multinational             Enterprises        Declaration
                                 encourages          companies      to    provide    stable
                                 employment          and     to    observe    obligations
                                 concerning employment stability and social
                                 security. It emphasizes that enterprises should
                                 assume a leading role in promoting employment
                                 security, particularly in contexts where job
                                 discontinuation could exacerbate long-term
                                 unemployment.
                                 xxxx
                            25. It is a disconcerting reality that temporary
                                 employees,          particularly        in   government
                                 institutions, often face multifaceted forms of
                                 exploitation. While the foundational purpose of
                                 temporary contracts may have been to address
                                 short-term or seasonal needs, they have
                                 increasingly become a mechanism to evade
                                 long-term obligations owed to employees. These
                                 practices manifest in several ways:
                                         •     Misuse      of     "Temporary"       Labels:
                                         Employees engaged for work that is
                                         essential, recurring, and integral to the
                                         functioning of an institution are often
                                         labeled as "temporary" or "contractual,
                                         even when their roles mirror those of
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                                         regular              employees.                Such
                                         misclassification deprives workers of the
                                         dignity, security, and benefits that regular
                                         employees      are     entitled      to,     despite
                                         performing identical tasks.
                                         • Arbitrary Termination: Temporary
                                         employees      are      frequently         dismissed
                                         without cause or notice, as seen in the
                                         present case. This practice undermines
                                         the principles of natural justice and
                                         subjects workers to a state of constant
                                         insecurity, regardless of the quality or
                                         duration of their service.
                                         •      Lack    of      Career      Progression:
                                         Temporary       employees          often        find
                                         themselves excluded from opportunities
                                         for skill development, promotions, or
                                         incremental pay raises. They remain
                                         stagnant in their roles, creating a
                                         systemic disparity between them and
                                         their regular counterparts, despite their
                                         contributions being equally significant.
                                         • Using Outsourcing as a Shield:
                                         Institutions    increasingly          resort      to
                                         outsourcing         roles    performed           by
                                         temporary           employees,         effectively
                                         replacing one set of exploited workers
                                         with another. This practice not only
                                         perpetuates         exploitation      but       also
                                         demonstrates a deliberate effort to
                                         bypass the obligation to offer regular
                                         employment.
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                                          • Denial of Basic Rights and Benefits:
                                          Temporary employees are often denied
                                          fundamental benefits such as pension,
                                          provident fund, health insurance, and
                                          paid leave, even when their tenure spans
                                          decades. This lack of social security
                                          subjects them and their families to undue
                                          hardship, especially in cases of illness,
                                          retirement, or unforeseen circumstances.
                                          xxxxx
                           27. In light of these considerations, in our opinion,
                                 it is imperative for government departments to
                                 lead by example in providing fair and stable
                                 employment. Engaging workers on a temporary
                                 basis for extended periods, especially when their
                                 roles    are     integral    to   the    organization's
                                 functioning, not only contravenes international
                                 labour     standards        but   also   exposes   the
                                 organization to legal challenges and undermines
                                 employee morale. By ensuring fair employment
                                 practices, the Government institutions can
                                 reduce the burden of unnecessary litigation,
                                 promote job security, and uphold the principles
                                 of justice and fairness that they are meant to
                                 embody. This approach aligns with international
                                 standards and sets a positive precedent for the
                                 private sector to follow, thereby contributing to
                                 the overall betterment of labour practices in the
                                 country.” (emphasis supplied).

                         54.     Further, the Hon’ble Supreme Court has

         recently reiterated the same in the case of Shripal & Anr. vs.
Patna High Court CWJC No.8108 of 2024 dt.09-01-2026
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         Nagar Nigam, Ghaziabad reported as 2025 SCC OnLine SC

         221 and has held as follows:-

                           "14. The Respondent Employer places reliance on
                                 Umadevi (supra) to contend that daily-wage or
                                 temporary employees cannot claim permanent
                                 absorption in the absence of statutory rules
                                 providing     such      absorption.     However,    as
                                 frequently       reiterated,     Uma     Devi    itself
                                 distinguishes between appointments that are
                                 “illegal” and those that are “irregular,” the
                                 latter being eligible for regularization if they
                                 meet certain conditions. More importantly,
                                 Uma Devi cannot serve as a shield to justify
                                 exploitative engagements persisting for years
                                 without the Employer undertaking legitimate
                                 recruitment. Given the record which shows no
                                 true contractor-based arrangement and a
                                 consistent need for permanent horticultural
                                 staff the alleged asserted ban on fresh
                                 recruitment,         though    real,   cannot   justify
                                 indefinite daily-wage status or continued
                                 unfair practices.”
                                                                  (emphasis supplied)

                         55.     Applying the law from the afore-quoted

         judgments and considering the peculiar facts of the present case,

         it emerges that the path towards regularization was provided by

         the respondents itself in the engagement letters under clauses (5)

         and (6). At no point of time, the stipulation under clauses (5) and

         (6) was found illegal nor the same was modified, altered or
Patna High Court CWJC No.8108 of 2024 dt.09-01-2026
                                          62/64




         withdrawn. On the contrary, with each subsequent extension on

         the same terms and conditions, the aforesaid clauses subsisted.

         The petitioners have continuously served for the past about eight

         years and during this period no adverse conduct was found.

         Further, pertinently the nature of work of the petitioners is

         indeed perennial and the work is also undoubtedly akin and

         indistinguishable to that of the P.As. appointed on substantive

         regular post. Further, there is nothing in the counter affidavit to

         show that the engagement of the petitioners on contract basis

         and the subsequent examination on 16.12.2018, in which they

         were ultimately found successful was de hors the engagement

         letters or the Rules. At the cost of repetition, the path for

         regularization of services of the petitioner through an

         examination was provided by the respondents itself and now the

         respondents cannot turn around to contend that the examination

         was for limited purpose of considering their case for

         regularization. Further, the respondents have not been able to

         bring any document to show that there has been an adverse work

         and conduct report against the present petitioners.

                         56.     Considering the aforesaid discussions and

         also the law laid down by the Hon’ble Supreme Court, as

         indicated in the preceding paragraphs, this Court in the peculiar
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                                          63/64




         facts and circumstances of the case of this case and also in the

         interest of justice, deems it appropriate to direct the respondents

         to regularize the services of the petitioner nos.1, 3, 4 and 5 with

         effect from the date of filing of this writ petition i.e. 09.05.2024

         within four weeks from today.

                         57.     This Court, upon considering the peculiar

         facts and circumstances of the case directs for regularization of

         the petitioner nos.1, 3, 4 and 5 with effect from the date of filing

         of this writ petition in order to strike a fair balance between the

         competing submissions advanced by the parties and adhere to

         principles of equity, fairness and non-arbitrariness.

                         58.     As a consequence of the regularization of

         services of petitioner nos. 1, 3, 4 and 5, they shall be entitled to

         only momentary benefits from the date of regularization which

         shall be made effective from the date of filing of the present writ

         petition. Further, the order shall not affect the present and settled

         seniority in the cadre in which the petitioner nos. 1, 3, 4 and 5

         are being regularized.

                         59.     The petitioner no.2 has duly resigned from

         the engagement in order to join his services in Civil Court,

         Nawada and after its acceptance the relationship flowing from

         the letter of engagement has been severed permanently.
             Patna High Court CWJC No.8108 of 2024 dt.09-01-2026
                                                       64/64




                      Therefore, the reliefs which has been granted is limited to the

                      petitioner nos. 1, 3, 4 and 5 only.

                                      60.     With      the    aforesaid    observations   and

                      directions, the present writ petition is allowed in the above

                      terms.


                                                                   (Sandeep Kumar, J)

P. Kumar/-
Pawan/-
AFR/NAFR                N.A.F.R.
CAV DATE                13.10.2025
Uploading Date          09.01.2026
Transmission Date


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