Holding

Petitioners appointed as Registration Clerks on daily‑wage basis before 1 October 1986 are eligible for regularisation under Rule 4 of the Uttar Pradesh Regularisation of Ad‑Hoc Appointments Rules, 1979, provided they have completed three years of continuous service, with apprenticeship periods counted, and they may be given one opportunity for regular appointment with age‑relaxation and weightage for experience.

Summary

The petitioners were appointed as Registration Clerks on a daily‑wage basis for short periods under a Governor’s sanction that limited such appointments to three months per financial year. They claimed that their appointments were regular under the Uttar Pradesh Registration Manual and sought regularisation under the Uttar Pradesh Regularisation of Ad‑Hoc Appointments Rules, 1979. The High Court rejected their claims, holding that the appointments were not made under the relevant manual provisions and that the petitioners had not satisfied the continuous‑service requirement. The Supreme Court held that appointments made before 1 October 1986 qualify as ad‑hoc appointments and may be regularised under Rule 4 of the 1979 Rules if the petitioners have completed three years of continuous service, counting actual service and periods served as apprentices under paragraph 101 of the Manual. The Court also directed that such persons be given one opportunity for regular appointment with age‑relaxation and that their experience be given weightage in selection. The special leave petitions were dismissed with these directions.

Issues considered

The nature of the daily‑wage appointments: whether they were regular appointments under the Uttar Pradesh Registration Manual.
Whether the petitioners satisfy the criteria for regularisation under the Uttar Pradesh Regularisation of Ad‑Hoc Appointments Rules, 1979.
How to compute the three‑year continuous service requirement for regularisation, including breaks and apprenticeship periods.
Whether petitioners are entitled to preferential treatment or age‑relaxation in future regular appointments.

Legislation cited

Subjects

regularisationad‑hoc appointmentregistration clerkcontinuous serviceUttar Pradesh service rulesRule 4Rule 5(2)Rule 15age relaxationpreference in appointment

Judgment

KHAGESH KUMAR AND ORS. A
v.
INSPECTOR GENERAL OF REGISTRATION AND ORS.

SEPTEMBER 27, 1995

[S.C. AGRAWAL AND B.P . .!EEVAN REDDY, .I.I.) B

Se1vice Law--{f.P. Regulation of Ad Hoc Appointment (On post out-
side the purview of the Public Sector Commission) Rules, 1979-Rule
+-Registration Clerks employed on daily wage basis-Regularisation
of-Di1rctions issued c
The petitioners were appointed as Registration Clerks on daily wage
basis for short period/periods in an year and on the expiry of the period
.their services were terminated. Such appointments were authorised by the
Governor for the particular year only subject to the condition that the
posting of Registration Clerks on daily wage basis shall in no case exceed D
three months in the year. Some of them were appointed on the same basis
in the next succeeding year or after a gap of one or two years.

A number of writ petitions were filed in the High Court by persons
who had worked as registration clerks on daily wage basis in the past or
E
who were actually working as Registration Clerks on daily wage basis
-wherein the petitioners sought regularisation of their appointment on the
post of registration clerk and prayed for quashing of the press notification
inviting applications for appointment on the post of registration clerks. In
a large number of cases interim orders had been passed directing that the
\\Tit petitioners 1night be allo"·ed to continue in service during the penden- F
cy of the writ petitions.

Petitioners claimed before the High Court that they had been
regularly selected by a duly constituted Selection Committee and their
appointment should be treated as regular appointment; that they had been G
-working on daily wage basis for a number of years and, therefore, they were
entitled to be regularised on the post. The High Court rejected the claim
of the petitioners and held that nothing had been shown that the appoint-
ment of the petitioners was made after selection through a Selection
Committee; that none of the petitioners were either ad hoc employees or
even daily wagers continuously for one year or for 240 days and that mere H
., 117
118 SUPREME COURT REPORTS (1995] SUPP. 4 S.C.R.

A advertisement in a paper about some posts lying vacant does not confer
any right whatsoever on those who seek appointment in pursuance of the
advertisement and since the State had specifically stated that they did not
re11uire anyone to be appointed as Registration Clerks in pursuance of the
advertisement dated March 24, 1991 and they were not proposing to
process the said advertisement any further, the said advertisement could
B
not be invoked by the petitioners to seek regularisation as Registration
Clerks. The High Court dismissed the Writ Petitions. Hence these peti·
tions.

Petitioners urged that their appointment as Registration Clerks on
C daily wage basis was made in accordance with the procedure laid down in
paragraph 94-A read with paragraph 97 of the U.P. Registration Manual
on the basis ol' the list which was prepared under paragraph 97; that these
1irovisions are statutory rules framed under the Registration Act, 1908;
that appointment of a candidate whose name was included in the list of
D approved candidates under para 97 of the Manual, as the said paragraph
stood on 19-1-1974, was to be treated as an appointment under rule 15 of
the U.P. Registration Department (District Establishment) Ministerial
Service Rules 1978, since the words 'as it stood in January 1974' in Rule
5(2) refer to paragraph 97 of the Manual; that there were vacancies on the
post of Registration Clerks and some of the petitioners had been working
E as Registration Clerks on daily wage basis since much before 1.10.1986 and
they would be entitled to be considered for regularisation under the U.P.
Regularisation of Ad Hoc Appointments (on posts outside the purview of
the Public Service Commission) Rules, 1979; that many of them had
rendered continuous service for more than 240 days in a year and that they
\\'ere entitled to be regularised: that their st!rvices were availed as an
F
apprentice under provisions of paragraph 101 of the Manual, and finally
that even if the petitioners were not entitled to seek regularisation, they
should be given preference in the matter of appointment on the post
of Registration Clerk whenever regular appointment was made on that
post.
G
The respondents submitted that the provision contained in para-
graph 101 of the Manual had been superseded and instructions had been
issued by the Inspector General ol' Registration not to engage any person
under paragraph 101 and if any petitioner was re'luired to work without
H payment as an Apprentice, he will be paid emoluments for the said period.
KHAGESH KUMAR v. INSP. GEN. OF REGN. 119

Disposing of the matter, this Court A

HELD: I. The appointment of the petitioners as Registration Clerks
on daily wage basis could not be regarded as an appointment made under
para 94-A r/w para 97 of the U.P. Registration Manual. These paragraphs of
the l\ilanual relate to appointn1ent on the posts on the permanent and the
temporary strength of the establishment. The posts contemplated in para- B
graphs 94-A, 95, 96 and 97 are posts sanctioned for appointment on regular
basis. The posts of Registration Clerks on daily wage basis on which the
petitioners were appointed do not fall under these paragraphs. [127-B-D]

2. The words 'as it stood in January 1974' in Rule 5(2) of the Uttar
Pradesh Registration Department (District Establishment) Ministerial
c
Service Rules, 1978, must be construed as referring to the list of approved
candidates that had been prepared under paragraph 97 of the Manual as
that list stood in January 1974. [129-C]

3.1. The petitioners or other similarly placed persons who were D
employed as Registration Clerks on daily wage basis prior to October 1,
1986 shall be considered for regularisation under the provisions of rule 4
of the U.P. Regularisation of Ad Hoc Appointments (on posts outside the
purview of the Public Service Commission) Rules, 1979 provided they fulfil
the requirements of rule 4(1)(ii) and they had completed three years
E
continuous service. The said period of three years service shall be com-
puted by taking into account the actual period during which the employee
had worked as Registration Clerk on daily wage basis. The period during
which such an employee had performed the duties of Registration Clerk
under paragraph 101 of the Manual shall be counted as part of service for
the purpose of such regularisation. [136-E-t'J F

3.2. In the event of a1ipointment on regular basis on the post of
Registration Clerks, the petitioners or other similarly placed persons who
had ·.w•rked as Registration Clerks on daily wage basis may be given one
opportunity of being considered for such appointment and they be given G
relaxation in the matter of age requirement prescribed for such appoint·
ment under the Rules. [136-B]

3.3. The Subordinate Service Selection Commission while making
selection for regular appointment to the posts of Registration Clerks shall
give weightage for their experience to the Registration Clerks who had H
120 SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R.

A \\'orkcd on daily \vage basis and shall fra1ne suitable guidelines for that
purpose. [136-H, 137-A]

Srure of Hlllyana v. Piuru Sinfih & 01:1., [1992] l SCC 118; Blwgwari
Prasad v. Delhi Slalc Mineral Developmem Cmporalion, [1990] 1 SCC 361
and Delhi Devclopn1e11t Ho1ticulture En1ployccs' [Jnion v. Delhi Adn1inistra-
B tio11, Delhi & 01:1-., (1992] 4 SCC 99, relied on.

Prabodh Vennu & 010-. v. State of Uttar Pradesh & On., (1985] l SCR
216, distinguished.

CIVIL APPELLATE .JURISDICTION Special Leave Petitions
c Nos. 5624-5625 of 1995.

From the Judgment and Order dated 8.2.95 of the High Court of
Judicature at Allahabad in Special Appeals Nos. 267 and 356 of 1994
respectively.

D Manoj Swarup with Ms. Lalita Kohli, Pramod Swarup, Anis Suh-
rawardy, Prasant Kumar, Satish Vig, Prashant Kumar, V.D. Khanna, D.V.
Sehgal, R.B. Misra, R.C. Pandey, Ms. A. Vern1a, Ms. Monika Gusain, Ms.
Nalini Tripathi.

The Judgment of this Court was delivered by
E
S.C. AGRAWAL, J. Delay condoned in S.L.P. (C) No. 22726-29/95
[C.C. No. 3559/95].

These petitions for special leave to appeal arise out of judgment
dated February 8, 1995 passed by the Division Bench of the Allahabad
F
High Court in various special appeals and \vrit petitions involving common
questions relating to regularisation of Registration Clerks employed on
daily wage basis in the Registration Department of the Government of
Uttar Pradesh.

G Under the U.P. Registration Manual (hereinafter referred to as 'the
Manual') provision is made in paragraph 94-A for appointment to the post
of Registration Clerks in Sub-registrar's offices and in District Registrar's
offices by the District Registrar. In paragraph 95 it is provided that the
strength and remuneration of registration establishments shall vary accord-
ing to the amount of work to be performed in each office and will undergo
H periodical review. U oder paragraph 96 power has been conferred on the
-~.
Kl-IAGESHKUMAR v. INSP. GEN. OF REGN. [S.C.AGRAWAL,J.] 121

Inspector General of Registration to sanction temporary establishments A
within the limits of budget provision and up to a rate of pay not exceeding
Rs. 150 p1..:r n1cnscm in each case subject to the conditions prescribed in
clauses (a) to (d). The District Registrar has also been empowered to
sanction, \Vith the previous approval of the Inspector General, the te1n-
porary appointment of extra clerks in the Registration ol'lices under his
control up to a rate of pay not exceeding Rs. 60 per mensem in each case B
but before sanctioning the District Registrar is required to see that the
permanent clerks have been working up to the standard prescribed by the
preceding rule. Paragraph 97 requires that a list of approved candidates
for the post of registration clerks shall be maintained by each District
Registrar and that except with the previous sanction of the Inspector
General, at no time the number of enlisted candidates shall exceed the c
number ILxcd hy the Inspector General for each registr;o ion district accord-
ing to the needs of each district. The said list of approved candidates is
required to be revised by the District Registrar annually in the month of
January. In the said rule pro,1ision is also made prescribing the conditions
which are required to be fulfilled by candidates for enlistment as well as D
the grounds on which the names of candidates once brought on the list may
be removed. It is also prescribed that permanent appointment to the post
of registration clerks shall be 1nadc from amongst the enlisted candidates
strictly by seniority and that officiating or temporary chances of more than
a month's duration shall be given to enlisted candidates by rotation.

Apart from the permanent and temporary establishments referred to
in paragraphs 95 and 96 of the Manual, a practice was in vogue to appoint
Registration Clerks on daily wage basis for the speedy disposal of the
pending arrears of documents in the Registration offices. Such appoint-
ments were authorised by the Governor for the particular year only subject
to the condition that the posting of Registration Clerks on daily wage basis F
shall in no case exceed three months in the year. One such order 1s
contained in G.O. dated December 23, 1987 which reads as ondcr :

"G.O. No. SR4353/X312(1) (0) 82 dated 23.12.87

From:
G

Shri Prem Shankar
.Joint Secretary, Finance
Stamp and Registration Section
Government of U.P., Lucknow. H
122 SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R.

A To

Inspector General of Registration
Uttar Pradesh, Allahabad

Sub. : Appointment of daily wage clerks for purpose of disposal
B of arrears of documents in Registration Offices

Sir,

With reference to your D.O. letter No. 85101/VA- 429 dated
26.11.1987, I have been directed to inform that a result of arrear
c of copying work in various Registration Offices of the State undue
delay is being caused in the return of original documents to the
parties. Consequently, the parties are being put to inconvenience
the Hon'ble Governor has therefore been pleased to sanction post
of Clerks on daily wage basis@ 20 (Rupees Twenty) per working
D day for the purpose of speedy disposal of the present arrear of
documents in Registration Offices on the following terms and
conditions :-

(1) The concerned District Registrar with prior perm1Ss10n of
District Magistrate may appoint clerks in minimum possible num-
E
ber in view of unavoidable necessity and ensure in every case
disposal of all documents in arrear within a period of three months.

(2) The standard of work of clerks appointed on daily wage basis
be the same a0 that of regularly appointed clerks. If the output of
F work on any working day is less than standard prescribed than in
that case his wages shall be liable to be reduced in the same
proportion.

(3) The disbursement of wages to the daily wage clerks will be
made only after the concerned Sub-Registrar certified that on each
G
working day the work done by the daily wage clerk is not less than
the prescribed standard.

(4) With a view to ensure that copying work does not fall in to
arrear in future, weekly monitoring will be done by District
H Registrars.
_)._ ', KHAGESH KUMAR v. INSP. GEN. OF REGN. [S.C. AGRAWAL, J.] 123

(5) The posting of daily wage clerks shall in no case exceed three A
months during the course of a financial year.

(6) The District Registrar will prepare a list of candidates for
appointment to the post of daily wage clerks in the District an<l
the appointment will be made o.n the basis of list prepared in the
last year's examination. B

(7) The District Registrar will report to the Government and to
the Inspector General of Registration, U.P., Allahabad from time
lo time about the pending work in the district.

(8) The expenditure shall be made in financial year 1987 from serial c
No. 81 head of account 2030 Stamps and Registration under
Non-Plan Expenditure and shall be borne from savings. Here it is
also made clear that the entire responsibility of keeping the work
in Sub-Registrar Office upto-date shall be that of the District
Registrar and they will be responsible for pending work. D
This order is being issued with the consent of the Finance
Department D.O. letter No. E-4/11541/X-87 dated 23.12.1987.

Yours faithfully,
E
sd/-
(Prem Shankar)
Joint Secretary"

It has been stated that similar orders were issued in each year and
that such appointments were being made since 1983-84. The petitioners in F
these cases are persons who were appointed on daily wage basis for short
period/periods in an year and on the expiry of the period their services
were terminated. Some of them were appoimed on the same basis in the
next succeeding year or after a gap of one or two years.

On May 12, 1978 the Uttar Pradesh Registration Department (Dis- G
trict Establishment) Ministerial Service Rules, 1978 (hereinafter referred
to as 'the 1978 Rules') were published. The 1978 Rules prm1de for recruit-
ment to various category of posts in the U.P. Registration Department
(District Establishment) Ministerial Service. The post of Registration Clerk
is a post falling in the said service. The 1978 Rules provide for appointment H
124 SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R.
·'
A on the post of registration clerks by direct recruitment and by promotion
from amongst Group 'D' employees. Direct recruitment on permanent as
\veil as officiating or temporary vacancies \Vas required to be made in
accordance with the procedure laid down in the Subordinate Offices
Ministerial Staff [Direct Recruitment] Rules, 1975. By notification dated
September 9, 1992 [Published in the U.P. Gazette dated April 10, 1993]
B
the 1978 Rules were amended by the Amendment Rules of 1982 and direct
recruitment for the post of Registration Clerk is to be made through the
U.P. Subordinate Services Selection Commission on the basis of competi-
tive examination conducted by the Commission.

C In 1989 the Registration Act, 1908 was amended by the State legis-
lature of U.P. and Section 32-A was inserted whereby it was provided that
the document presented for registration should be accompanied by such
number of true photostat copies thereof as may be prescribed by the rules
under Section 69. There was a further amendment of the Registration Act,
D 1908 by U.P. Act No. 27 of 1994 whereby Section 32-B was inserted. By
the said provision it has been prescribed that in such cases as may be
notified by the State Government every document and the translation of
the document referred to in Section 19, presented for registration shall be
accompanied by a true copy thereof which shall be l)eatly and legibly
printed, lithographed, type written or otherwise prepared on only one side
E of the paper and that such true copy shall be laminated in accordance with
the procedure laid down in the section. It has been stated that U.P. Act
No. 27 of 1994 has been brought into force with effect from October 1,
1994 vide notification dated September 28, 1994.

F Prior to March 20, 1991 the appointing authority for registration
clerks under the 1978 Rules was the District Registrar but by notification
dated March 20, 1991 the rules were amended and the Inspector General
of Registration became the appointing authority. On March 24, 1991 the
Inspector General of Registration issued a Press Notification inviting ap-
plications for appointment to the posts of Registration Clerks.
G
A number of writ petitions were filed in the Allahabad High Court
by persons who had worked as registration clerks on daily wage basis in
the past or who were actually working as Registration Clerks on daily wage
basis \Vherein the petitioners sought regularisation of their appointment on
H the post of registration clerk and prayed for quashing of the Press notifica-
'
KHAGESH KUMAR v. INSP. GEN. OF REGN. [S.C. AGRAWAL, J.] 125

tion inviting applications for appointment on the post of registration clerks. A
Many of these writ.petitions had been disposed of by learned single Judges
of the High Court and special appeals against these judgments were
pending before the Division Bench while other writ petitions were pending
for disposal before learned ·single Judges. In a large number of cases
interim orders had been passed directing that the petitioners in the writ
B
petitions may be allowed to continue in service during the pendency of the
writ petitions. One such writ petition (Civil Misc. Writ Petition No. 3721/90,
Majeed & Ors. v. State of U.P. and Ors., filed at the Lucknow Bench of the
High Court had been allowed by a lea.med single Judge (S.H.A. Raza.I.)
and the special leave petition (Civil) No ........... ./93 [CC no. 121212/91] filed
against the said judgment was dismissed on the ground of delay by this c
Court by order dated August 10, 1993. All the special appeals and writ
petitions that were pending in the High Court at Allahabad as well as at
the Lucknow Bench were taken up and were disposed of by the Division
Bench of the High Court by the impugned judgment dated February 8,
1995. D
On behalf of the petitioners, it was claimed before the High Court
that they had been regularly selected by a duly constituted Selection
Committee and their appointment should be treated as regular appoint-
ment. This claim was, however, contested by the State. The High Court
rejected the said claim of the petitioners and held that nothing had been E
shown that the appointment of the petitioners was made after selection
through a Selection Committee. The other contention that was urged on
behalf of the petitioners before the High Court was that the petitioners had
been working on daily wage basis for a number of years and, therefore,
they were entitled to be regularised on the post. The said contention was
also rejected by the High Court on the view that none of the petitioners F
were either ad hoc employees or even daily wagers continuously for one
year or for 240 days as is generally claimed by the persons seeking
regularisation even in industrial est;ihlishments and, furthermore the
petitioners did not fall in any of the categories referred to by this Court in
the State .of Hmyana v. Piara Singh, [1992] 1 SCC 118, as entitling G
regularisation. The High Court has held that in every one of the writ
petitions none of the petitioners had worked even for more than a few
weeks or at best for a few months in a year and consequently the entire
edifice of the claim of the petitioners seeking regularisation was knocked
out. As regards the advertisement dated March 24, 1991 issued by the Stale
H
126 SUPREME COURT REPORTS IJ995] SUPP. 4 S.C.R.

A inviting applications for appointment on the post of Registration Clerks it
was stated on behalf of the respondents before the High Court that in view
of the amendments which have been made in the Registration Act 1908,
the State docs not need any more Registration Clerks and that no further
steps have been taken for recruitment on the basis of the said advertise-
ment. The High Court has held that mere advertisement in a paper about
B some posts lying vacant does not confer any right whatsoever on those who
may be seeking appointment in pursuance of the advertisement and since
the State has specifically come up with the case that they do not require
any one to be appointed as Registration Clerks in pursuance of the said
advertisement dated March 24, 1991 and they are not proposing to process
the said advertisement any further, the said advertisement cannot be in-
c voked by the petitioners to seek regularisation as Registration Clerks.
Referring to the decision of S.H.A. Raza J. in Civil Misc. Writ Petition No.
3721/1990 against which the special leave petition was dismissed by this
Court, the High Court has observed that the fact that the special leave
petition has been dismissed against the said judgment cannot be a prece-
D dent for permitting the petitioners in these matters to get a benefit which
they are not entitled to. The High Court has disagreed with the view of the
learned Judge in that case and has reversed the same. The learned .Judges
have also referred to the judgment of another learned single Judge (Vijay
Bahuguna J.) in Civil Misc. Writ Petition No. 17634-A/1991 and has not
approved the directions given by the learned Judge in that matter and have
E observed that the said directions are wholly out to bounds of Article 226
of the Constitution of India. The learned Judges have also taken note of
the interim orders that were passed by other learned Judges [sitting singly]
in various writ petitions, both at Allahabad as well as at Lucknow, and have
observed that the said interim orders were obtained by the petitioners on
the h<Jsis of iJVennents which were incorrect and false. The learned Judges
F
have, therefore, dismissed the writ petitions that were filed by the
petitioners.

We have heard the learned counsel for the petitioners on the special
leave petitions and the learned counsel appearing for the State of Uttar
G Pradesh.

The first question that needs to be considered is whether the ap-
pointment of the petitioners on the post of Registration Clerk was in the
nature of a regular appointn1ent under the relevant rules governing ap-
H pointment on the said post. On behalf of the petitioners it has been urged
KHAGESHKUMAR v. INSP. GEN.OF REGN. [S.C.AGRAWAL,J.] 127

that the appointment of the petitioners as Registration Clerks on daily A
wage basis was made in accordance with the procedure laid down in
paragraph 94-A read with paragraph 97 of the Manual on the basis of the
list which was prepared under paragraph 97. As regards the legal status of
the provisions contained in paragraphs 94-A to 97 of the Manual it has
been submitted by the learned counsel for the petitioners that these
B
provisions are statutory rules framed under the Registration Act, 1908. This
has been disputed by the learned counsel for the respondents who has
submitted that they contain administrative instructions only. We do not
consider it necessary to go into this question because we are of the view
that even if the said provisions are treated as statutory in nature, the
appointment of the petitioners as Registration Clerks on daily wage basis c
cannot be regarded as an appointment made under paragraph 94-A read
with paragraph 97 of the Manual. The said paragraphs of the Manual relate
to appointment on the posts referred to in paragraphs 95 and 96 of the
Manual, i.e., posts on the ·permanent and the temporary strength of the
establishment. The permanent strength is fixed for each office on the basis D
of assessment made having regard to the amount of work to be performed
in the office and is subject to periodic review. Similarly the temporary
establishment is sanctioned by the District Registrar with the previous.
approval of the Inspector General. The permanent and temporary posts
contemplated in paragraphs 94-A, 95, 96 and 97 are posts sanctioned for
appointment on regular basis. The posts of Registration Clerks on daily E
wage basis on which the petitioners were appointed do not fall under these
paragraphs of the Manual. Special sanction was given by the Governor for
appointment on these posts of Registration Clerks on daily wage basis for
the purpose of disposal of the arrears of documents in Registration offices
and the District Registrar had been directed· to ensure in every case F
disposal of all documents in arrears within a period of three month.s. Th,.
sanction was given subject to the condition that such appointment shall in
no case exceed three months during the course of a financial year. The
appointment on these posts of Registration Clerks on daily wage basis was
required to be made on the basis of a list that was to be prepared as per
the directions contained in the Government order sanctioning the posts. G
The said list was not the list prepared under paragraph 97 of the Manual.

In this context, it !nay also be stated that since 1978 there exist the
1978 Rules making express provisions with regard to recruitment on the
post of Registration Clerks in the Registration Department. Rule 15 of the H
128 SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R.

A 1978 Rules prescribes the procedure for the direct recruitment to the post
of Registration Clerk. Prior lo the amendment introduced by the Amend-
ment Rules of 1992 the said Ruic provided that "subject to the provisions
of rule 5(2), recruitment to the post of Registration Clerk (including
against officiating or temporary vacancies) shall be made in accordance
with the procedure laid down in the Subordinate Offices Ministerial Staff
B (Direct Recruitment) Rules, 1975 as amended from time to time". Rule
5(2) provided as under :

"Rule 5(2) :

c Name of the Post Source of recruitment

Registration Clerk (l)(a) By direct recruitment.

(b) By promotion to the extent of 10
per cent of the vacancies from
D amongst the Group 'D' employees in
accordance with the provisions of
the Subordinate offices Ministerial
Staff (Direct Recruitment) Rules
1975 as amended from time to time.
E
(2) Notwithstanding anything con-
tained in these rules, before direct
recruitment is· made to the post of
Registration Clerk, the appointment
shall be made from amongst the can-
F didates whose names are included in
the list of ·approved candidates
prepared under rule 97 of the
Registration Manual for Uttar
Pradesh, Part II (Seventh Edition)
as it stood on June, 1974 and in
G
accordance with the procedure laid
down therein."

On behalf of the petitioners it has been urged that appointment of a
candidate whose name is included in the list of approved candidates under
H paragraph 97 of the Manual, as the said paragraph stood on January 19,
KHAGESHKUMAR v. INSP. GEN. OF REGN. [S.C.AGRAWAL,J.j 129
.....
1974, is to be treated as an appgintment under rule 15 of the 1978 Rules. A
The submission of the learned counsel is that the words "as it stood in·
.January 1974" refer to paragraph 97 of the Manual. We are unable to agree.
The said provision in rule 5(2) was in the nature of a transitory provision
which enabled recruitment to be made in the initial period after the coming
into force of the 1978 Rules on the basis of the list of the approved
candidates that had been prepared under the existing provisions contained B
in paragraph 97 of the Manual. The words "as it stood in January 1974"
must, therefore, be construed as referring to the list of approved candidates
that had been prep~red under paragraph 97 of the Manual as that list stood
in January 1974. The construction placed by the learned counsel for the
petitioners on the words "as it stood in January 1974" would mean that even C
after the 1978 Rules the appointments will have to be made on the basis
of lists prepared in accordance with paragraph 97 of the Manual from time
to time. This would completely nullify the provisions relating to recruitment
contained in rule 15 of the 1978 Rules. A construction which leads to such
a result cannot be adopted. We are, therefore, unable to accept the
contention urged on behalf of the petitioners that the appointment of the D
petitioners on the post of Registration Clerks on daily wage basis was in
the nature of a regular appointment made in accordance with the
provisions of the relevant rules. In our opinion, appointment of the
petitioners was made on the basis of the sanction given by the Governor
for such posts each year which sanction was subject to the. express condi-
tion that such an appointment shall in no case exceed three months during E
the course of a financial year.

The next contention that has been urged by learned counsel for the
petitioners is with regard to their regularisation on the post of Registration
Clerks. It has been submitted that in letters dated July 6, 1985 and Sep- F
!ember 20, 1985 from the Inspector General of Registration to the State
Government it was pointed out that in June 1985, the number of documents
I
which were pending clearance were about 11,28,000 and as per the require-
ment prescribed in the Manual about 700 Registration Clerks were re-
quired over and above 90_0 sanctioned posts of Registration Clerks existing G
in the Department. It has also been submitted that as per letter dated
December 22, 1993 from the Inspector General of Registration in Novem-
ber 1993 the total number of documents pending clearance was about
9,12,696 and that, if the certified copies of the documents and the memos
of enquiry were to be taken into account, the said number would increase
to about 15,00,000 and about 920 Registration Clerks were required for H
130 SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R.

A that purpose. It has been urged that again•t the said requirement only 272
posts of Registration Clerks were created between 1985 and 1994 and that
al present there arc only 1247 sanctioned posts of Registration Clerks out
of which 147 posts were vacant in December 1993 and by July 31, 1994 the
number of vacant posts had increased to 214 on account of promotion and
retirement. On behalf of the respondents it has been submitted that a
B requisition for selection for 128 posts of Registration Clerks was sent to
the Subordinate Services Selection Commission and the same is pending
and that in view of the insertion of Sections 32A and 32B in the Registra-
tion Act in the State of U.P., additional hands are not needed and the
Government was thinking of withdrawing the requisition. We do not
C propose lo go into the question whether there is need for appointment of
Registration Clerks against the existing vacancies. We will deal with the
contention urged by the learned, counsel of the petitioners on the basis that
there are vacancies on the post of Registration Clerks and examine whether
the petitioners can claim regularisation on such posts. In this regard, it may
D be stated that in the State of U.P. provisions \vith regard to regularisation
are contained in the U.P. Regularisation of Ad Hoc Appointments (on
posts outside the purview of the Public Service Commission) Rules, 1979
(hereinafter referred to as 'the Regularisation Rules'). Rule 4(1) of the
Regularisation Rules provides as follows :

E "Rule 4. Regulaiisation of ad hoc appointments-

(1) Any person who-

(i) was directly appointed on ad hoc basis before January 1, 1977
and is continuing in service as such on the date of commencement
F of these rules;

(ii) possessed requisite qualifications prescribed for regular ap-
pointment at the time of such ad hoc appointment; and

(iii) has completed or, as the case may be, after he has completed
G
three years continuous service,

shall be consi<lcred for regular appointment in permanent or
temporary vacancy as may be available on the basis of his record
and suitability before any regular appointment is made in such
H vacancy in accordance with the relevant service rules or orders."

'
KHAGESH KUMAR v. INSP. GEN. OF REGN. [S.C. AGRAWAL, J.] 131

By the Amendment Rules notified vide notification dated August 7, A
1989 the Regularisation Rules were Amended and Rule 10 was inserted
which provides that :

"Rule 10. Extension of the Rules -
B
The provisions of these Rules shall apply, nlutatis niutandis, also
to any person directly appointed on ad hoc basis on or before
October 1, 1986 and continuing in service as such, on the date of
commencement of the Uttar Pradesh Regularisation of Ad hoc
Appointments (On posts outside the purview of the Public Service
Commission) (Second Amendment) Rules, 1989.". c
The petitioners can claim regularisation only if they satisfy the re-
quirements of the said provisions. They shquld have been directly ap-
pointed on ad hoc basis before October 1, 1986, they should have possessed
the requisite qualifications prescribed for regular appointment at the time D
of such ad hoc appointment and they should have completed three years
continuous service. It has been urged on behalf of the petitioners that some
of the petitioners had been working as Registration Clerks on daily wage
basis since much before October 1, 1986 and they would be entitled to be
considered for regularisation under the Regularisation Rules. These
provisions are applicable only to an appointment made on ad hoc basis. E
Though the High Court has held that the appointment of the petitioners
on daily wage basis was not an ad hoc appointment, we are not inclined to
take that view and we will proceed on the basis that the appointment of
the petitioners was such an appointment. The question which survives is
whether any of the petitioners who had been appointed as Registration F
Clerk on daily wage basis prior to October 1, 1986 can be regarded as
having completed three years continuous service. Since the order of the
Governor sanctioning appointment on the posts of Registration Clerks on
daily wage basis imposes a limitation that such appointment shall in no case
exceed three months during the course of a financial year, there are long
breaks between the various periods during which the petitioners were G
employed as Registration Clerks on daily wage basis. In Bhagwati Prasad
v. Delhi State Mineral Development C01poration, (1990] 1 SCC 361, this
. Court has laid down that for the purpose of counting three years' con-
tinuous service for the purpose of regularisation artificial break in service
for short period/periods created by the employer could be ignored but "if H
1
132 SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R. ..
A there is a gdp of more than three months between the period of termination
and re-appointment lhat period may be excluded in the computation of the
three years period" (at p.364). In view of the said decision for computing
three years period of continuous service for the purpose of Rule 4(1)(iii)
of the Regularisation Rules, the period of break in service which was longer
than three months has to be excluded and only the period during which
B
the petitioners actually worked can be counted. In case any of the
petitioners was employed as a Registration Clerk on daily wage basis prior
to October 1, 1986 and, after excluding periods of breaks in service which
are longer than three months, he has put in three years service, he would
be entitled to seek regularisation under Rule 4(1) of the Regularisation
c Rules provided he fulfils the requirement of clause (ii) of the said rule. He
can move the appropriate authority for such regularisation and the said
authority will pass appropriate orders after verifying the correctness of the
claim of such a petitioner. The petitioners who do not fulfil the said
condition of three years service contained in Rule 4(1)(ii) cannot claim
D regularisation on the basis of the Regularisation Rules.

It has been urged on behalf of the petitioners that many of them have
rendered continuous service for more than 240 days in a year and that they
are entitled to be regularised. We find no merit in this contention. In Delhi
Development Horliculture Employees' Union v. Delhi Administration, Delhi
E & Ors., [1992] 4 SCC 99, this Court has not accepted the principle that an
employee can seek regularisation only on the ground that he has put in
work for 240 or more days. Similarly, in the State of Haryana v. Piara Singh
& 01'-. (supra) this Court, while setting aside the direction of the High
Court that all those ad hoc, temporary employees who had continued for
F more than a year should he regularised, has observed :

"None of the decisions relied upon by the High Court justify such
wholesale, unconditional orders. Moreover, from the mere con-
tinuation of an ad hoc employee for one year, it cannot be
presumed that there is need for a regular post. Such a presumption
G may be justified only when such continuance extends to several
years. Further, there can be no 'rule of thumb' in such matters.
Conditions and circumstances of one unit may not be the same as
of the other. Just because in one case, a direction was given to
regularise employees who have put in one year's service as far as
H possible and subject to fulfilling the qualifications, it cannot be
KHAGESH KUMAR v. INS!'. GEN. OF REGN. [S.C. AGRAWAL, J.] 133

held that in each any every case such a direction must follow A
irrespective of and without taking into account the other relevant
circumstances and considerations." [p.1421

ln that case, this Court has, however, observed :

If a casual labourer has continued for a fairly long spell - say two B
or three years - a presumption may arise that there is a regular
need for his services and in such a situation it becomes obligatory
for the authority concerned to examine the feasibility of his
regularisation." [p.153]

Regularisation in service in the State of U.P. is governed by the c
Regularisation Rules which prescribes a period of three years continuous
service. We cannot say that the said period of three years prescribed under
the Regularisation Rules is unreasonable. In these circumstances, it must
be held that unless the petitioners fulfil the requirement of the Regularisa-
tion Rules, they cannot be regularised. D
It has been submitted by the learned counsel for the petitioners that
even though under the Governor's sanction appointment on the post of
Registration Clerks on daily wage basis could be made for a maximum
period of three months during the course of a financial year, a practice was
prevailing in the Registration Department to avail the services of Registra- E
tion Clerks appointed on daily wage basis by treating them as Apprentices
but they were not paid any emoluments for the period they worked as
Apprentices. It is stated that this was done by invoking the provisions of
paragraph 101 of the Manual which provided as under :-

"IOI: Employment of unpaid Apprentice. F

The employment of unpaid Apprentice in registration offices is
strictly prohibited, except in special cases, and with the previous
sanction, in writing of the District Registrar of the District or the
Inspector General of Registration, which sanction can be at any G
time withdrawn. It should at the same time, be clearly understood
that as the employment of unpaid Apprentice can only be regarded
as a convenience of the Sub-Registrar himself, such services 'viii
not be recognised as giving any claim of appointment."

On behalf of the respondents it _has been submitted that the said H
,
134 SUPREME COURT REPORTS [1995) SUPP. 4 S.C.R.

A provision contained in paragraph 10] of the Manual has been .superseded
and instructions have been issued by the lnspector GencrJI of Registration
fron1 tin1c to lin1c not lo engage any person under paragraph 101. Shri D.V.
Sehgal has very fairly stated that if any petitioner was required to work
without payment as an Apprentice under paragraph 101, he will be paid
emoluments on daily wage basis for the said period. In view of this
B
statement if any of the petitioners or other similarly placed persons was
required to perform the duties of Registration Clerk as an Apprentice
under paragraph 101 of the Manual he can submit a representation setting
out the particulars about such employment and the concerned authority,
after verifying the correctness of claim, would pass the necessary order for
c payment of emoluments on daily wage basis for the period he is found to
have so worked on the post of Registration Clerk. The said period during
which he is found to have worked as Apprentice under paragraph 101 of.
the Manual shall be also counted as a part of his service as Registration
Clerk on daily wage basis for the purpose of computing the period of three
D years continuous service for the purpose of regularisation.

It has been next urged on behalf of the petitioners that even if the
petitioners are not entitled to seek regularisation, they should be given
preference in the matter of appointment on the post of Registration Clerk
whenever regular appointment is made on the post and reliance has been
E placed on the decision of this Court in Prabodh Venna & Ors. v. State of
Uttar Pradesh & Q,,., [1985) 1 SCR 216. In that case nearly 90 per cent of
teachers in recognised institutions who were members of the Uttar Pradesh
Madhyamik Shikshak Sangh went on an indefinite strike. The said strike
was declared as illegal by the State Government and the services of the
F striking teachers \Vere ter1ninatcd. Fresh appointn1ents on temporary basis
were made on the posts of teachers whose services \Vere terminated.
Thereafter a settlement took place between the striking teachers and the
Stale Government and the services of the newly appointed teachers were
terminated. Thereafter, the Governor of Uttar Pradesh promulgated an
G ordinance which provided for the absorption of certain teachers in the
institutions recognised under the Intermediate Education Act, 1921 and for
that purpose a provision was made for maintaining a register of "reserve
pool teachers" consisting of persons who were appointed as teachers during
the period of the strike and it was further provided that where any
H substantive vacancy in the post of a teacher in an institution recognised by
Kl-IAGESH KUMAR v. !NSP. GEN. OF REGN. [S.C. AGRAWALLJ 135

the Board of High School and Intermediate Education was to be filled by A
direct recruitment, such po-st should al the instance of the Inspector be
offered by the n1anagement to the teacher \vhose name \Vas entered in the
said register. The validity of the said ordinance was challenged before the
Allahabad High Court by some of the applicants who were not in the
reserve pool. The said ordinance was declared as invalid by the High Court B
on the ground that it was violative of the right to equality guaranteed under
Article 14 of the Constitution. Reversing the said view of the High Court,
this Court upheld the said ordinance and held that there was an intelligible
differentia which distinguishes the teachers put in the reserve pool from
other applicants for posts of teachers in recognised institutions inasmuch C
as the reserve pool teachers were those who had come forward at a time
when the teachers employed or a large majority of such teachers, in the
recognised institutions, had gone on an indefinite strike and had continued
the strike even after it had been declared .illegal and had the strike
continued almost all the recognised institutions in the State would have had D
to close down putting the students to great hardship and suffering and
causing a break in their education and that it was in these difficult and
trying times that the reserve pool teachers came forward to man the
reCO[,'llised institutions. It has also been observed that the reserve pool
teachers joined the recognised institutions during the period of the strike
in circumstances in which they exposed themselves to great hostility from E
the striking teachers and that they did ~o running a certain amount of risk
for there was always a possibility of'a strike turning violent and that almost
all -those who applied for these posts and were not in the reserve pool and
were seeking to challenge the validity of the ordinance must have qualified
to be appointed to the post of teachers in the reCO[,'llised institutions during F
the pendency of strike and none of these applicants, however, came for-
ward to join a recognised institution during that period as the reserve pool
teachers did and, therefore, they stood in a different class from the reserve
pool teachers. We find it difficult to appreciate how the petitioners can
claim preference in the matter of regular appointment on the post of G
Registration Clerk on the basis of this decision. It cannot be said that the
petitioners had to undergo any risk when they joined as Registration Clerks
on daily wage basis. They joined the posts of their own free will knowing
fully well that the said appointment was for a very short duration and would
not exceed three mOnths during the course of a financial year. We are, H
136 SUPREME COURT REPORTS (1995] SUPP. 4 S.C.R.

A therefore, unable to hold that the petitioners who had worked as Registra-
tion Clerks on daily wage basis from a separate class and are entitled to
claim preferential treatment in the matter of appointment on the post of
Registration Clerks as and when recruitment is made for the said post.

We are, however, of the view that in the event of the recruitment
B being made on the post of Registration Clerks on regular basis, the
petitioners or other similarly placed persons should be given one oppor-
tunity of being considered for such appointment and they be given relaxa-
tion in age requirement. provided for such appointment under the rules.
During the process of selection weightage may be given for their experience
c to the Registration Clerks who have worked on daily wage basis and
suitable guidelines may be framed for that purpose by the Subordinate
Services Selection Commission.

For the reasons aforementioned, the impugned judgment of the High
Court is upheld with the following directions :-
D
{1) The petitioners or other similarly placed persons who were
employed as Registration Clerks on daily wage basis prior to
October 1, 1986 shall be considered for regularisation under the
provisions of rule 4 of the Regularisation Rules provided they fulfil
the requirements of rule 4{1){ii) and they have completed three
E
years continuous service. The said period of three years service
shall be computed by taking into account the actual period during
which the employee had worked as Registration Clerk on daily
wage basis. The period during which such an employee has per-
formed the duties of Registration Clerk under paragraph 101 of
F the Manual shall be counted as part of service for the purpose of
such regularisation.

{2) In the event of appointment on regular basis on the post of
Registration Clerks, the petitioners or other similarly placed pe~'"
sons who had worked as Registration Clerks on daily wage basis
G may be given one opportunity of being considered for such ap-
pointment and they be given relaxation in the matter of age
requirement prescribed for such appointment under the Rules.

(3) The Subordinate Services Selection Commission while making
H selection for regular appointment lo the posts of Registration
.~ KHAGESHKUMAR v. INSP. GEN. OFREGDN.(S.C.AGRAWAL,J.] 137

Clerks shall give weightage for their experience to the Registration A
Clerks who have worked on daily wage basis and shall frame
suitable guidelines for that purpose.

(4) If any of the petitioners or other similarly placed person was
required lo perform the duties of Registration Clerk a.> an Ap-
prentice under paragraph 101 of the Manual, he may submit a B
representation to the appropriate authority setting out the full
particulars of such employment within thre.e months and the con-
cerned authority, after verifying the correctness of the said claim,
shall pass the necessary order for payment of emoluments on daily
wage basis for the period he is found to have so worked on the C
post of Registration Clerk. The said payment shall be made within
a period of three months from the date of submission of the
representation.

The Special Leave Petitions are disposed of accordingly.
D
No costs.

R.A. Matters disposed of.