MUKESH BHAI CHHOTABHAI PATEL versus JOINT AGRICULTURE AND MARKETING ADVISOR, GOVT. OF INDIA AND ORS.

Citation: [1994] SUPP. 2 S.C.R. 759 · Decided: 18-08-1994 · Supreme Court of India · Bench: K. RAMASWAMY, N.P. SINGH · Disposal: Dismissed

Judgment (excerpt)

MUKESH BHAI CHHOTABHAI PATEL 
v. 
JOINT AGRICULTURE AND MARKETING ADVISOR, 
GOVT. OF INDIA AND ORS. 
AUGUST 18, 1994 
IK. RAMASWAMY AND N.P. SINGH, JJ.] 
Se111ice Law-Tempormy appoilltment-Scheme for regularisation of-
Conditions of applicabilitr-field inapplicable to employee who has not 
A 
B 
passed the qualifying test. 
C 
The appellant was appointed on May 21, 1977 but was removed from 
service subsequently. He unsuccessfully challenged his removal before the 
Tribunal. In appeal to this Court it was contended on bis behalf that in 
view of the scheme framed by the Union of India vide its Circular No. 
19/511/80-Estt. I dated 8.6.84, which prescribed that all persons appointed D 
temporarily to Group C posts on or prior to November 4, 1978 should be 
regularised, the appellant was entitled to regularisation; a proper con-
struction of the circular would show that failure of the appellant to pass 
the test is not a ground to deny him regularisation. 
Dismissing the appeal, this Court 
HELD : Regularisation bas to be considered in the light of the 
scheme framed by the Department. It is not an automatic regularisation. 
A reading of the Circular clearly indicates that the question of regularisa-
E 
tion has to be done by a committee duly constituted for regularisation of F 
the persons appointed temporarily to Group C posts. Admittedly, the 
appellant did not pass the qualifying test conducted by the competent 
committe. Therefore, he could not be regularised. Thus, there is no il-
legality in the order passed by the Tribunal. [761-E, C-D] 
Bhagwati Prasad v. Delhi State Mineral Develoment Corporation, G 
[1990] 1 S.C.C. 361, cited. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5713 of 
1994. 
From the Judgment and Order dated 19.4.90 of the Central Ad-
H 
759 
760 
SUPREME COURT REPORTS [1994] SUPP. 2 S.C.R. 
A 
ministrative Tribunal, Additional Bench at New Bombay in 0.A. No. 368 
of 1987. 
B.K. Mehta, Ms. Divya Bahal, Ms. Meeta Sharma and B. V. Desai for 
the Appellant. 
B 
K.N. shu1kla, Avtar Singh Rawat and S.N. Terdol for the Respon-
c 
D 
dents. 
The following Order of the Court was delivered : 
Leave granted. 
The appellant was appointed on May 21, 1977 and was removed on 
April 13, 1987. When the appellant approached the Tribunal, the Tribunal 
in the impugned order dated April 19, 1990 made in O.A No. 368/87 
dismissing the petition. Thus this appeal by special leave. 
Shri Mehta, learned senior counsel for the appellant placing heavy 
reliance on the decision of this Court in Bhagwati Prasad v. Delhi State 
Mineral Development Corporation, [1990] 1 SCC 361, contended that the 
Union of India, Ministry of Irrigation had issued the circular No. 19/50/80-
Estt. I, dated 8.6.1984, directing that all those candidates temporarily 
E appointed on or prior to November 4, 1978 should be regularised and that 
the question of the appellant appearing for the test asked for by the 
Department and his nonclearance should not be a ground to deny him 
regularisation of his temporary appointment on the proper construction of 
the above circular, it is clear that he is entitled to that relief. Therefore, 
F 
the Tribunal has committed gravious error in dismissing the appellat' s 0 .A 
G 
H 
The said circular reads as umder : 
"Sub : Regularisation of appointmnets made by CWC to the grade 
of LDCs/Steno prior to taking over of recruitment by the S.S.C. 
Sir,~ 
i am directed to refer to the correspondence rusting with the 
CWC letter No.8/U012/2/82-E.VII dated 19th Jan' 89, on the above 
subject and to say that it has been decided with the approval of 
DPAR, that all ad-hoc appointments made in the grade of 
MUKESH BHAI BHAI PATEL.v. IT. AGRICULTURE At-JD MRKTG. ADVJSOR761 
LDCs/Stenos prior to 4.11.1978 may be regularised as a special A 
case. The DPAR vide their OM No. 24012/41178-Estt.(B) dated 
4-11-1978 and made it mandatory for every Deptt. that recruitment 
to Group 'C' posts in the attached and sub-offices should be made 
only through the SSC. Hence 4.11.1978 has been fixed, as the 
cut-off date for regularisaing the adhoc appointment in the grade 
of LDCs/stenos. 
2. I am to request that necessary action may now be taken imme-
diately under intimation to all concerned." 
B 
A reading of it clearly indicates that the Government have approved C 
the proposal made by the DPAR that all ad/we appointments made in the 
grade of LDCs/Stenos prior to November 4, 1978 be regularised as special 
case. It is also made mand

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