STATE OF MADHYA PRADESH AND ORS. versus YOGESH CHANDRA DUBEY AND ORS.

Citation: [2006] SUPP. 5 S.C.R. 858 · Decided: 08-09-2006 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Judgment (excerpt)

\. 
A 
STATE OF MADHYA PRADESH AND ORS. 
v. 
YOGESH CHANDRA DUBEY AND ORS. 
SEPTEMBER 8, 2006 
B 
[S.B. SINHA AND DAL VEER BHANDARI, JJ.] 
( 
Service Law-Public Employment-Regularization-Respondents 
appointed on daily wages-Appointment not in terms of the statutory rules, 
c 
made only to meet the exigencies of situation-Held: As respondents did not 
hold any post, they were not entitled to any regular scale of pay-Constitution 
of India, 1950-Article 12. 
Respondents were appointed on daily wages. The appointments were not 
done in compliance of any statutory rules. No advertisement was issued nor 
D vacancies notified to the employment exchange. On the premise that they are 
entitled to regularization of services, Respondents filed original application 
before the Tribunal claiming regular scale of pay. Tribunal disposed of the 
~ 
petition with a direction that the Respondents be paid wages at the minimum 
pay scale of the post on which they were working along with applicable 
allowances. Writ petition filed by Appellant was dismissed by High Court 
E 
In appeal to this Court, it was contended that Respondents did not hold 
any post and were therefore not entitled to claim minimum of the pay scale 
attached to the post in which they had been working, with applicable 
allowances. 
F 
Allowing the appeal, the Court 
t 
HELD: 1.1. It is neither in doubt nor in dispute that the Respondents 
were not appointed in terms of the statutory rules. Their services were taken 
.... 
by the officers only to meet the exigencies of situation. No post was sanctioned. 
G 
Vacancies were not notified. It is now trite that a State within the meaning of 
Article 12 of the Constitution of India, while offering public employment, must 
comply with the constitutional as also statutory requirements. Appointments 
to the posts must be made in terms of the existing rules. Regularisation is 
not a mode of appointment If any recruitment is made by way of regularisation, 
the same would mean a back-door appointment, which does not have any legal 
~ 
H 
858 
) 
' 
.. 
STATE OF MADHYA PRADESH AND ORS. t'. YOGESH CHANDRA DUBEY [SINHA, J.) 859 
sanction. (861-C, DJ 
1.2. A person, who had been appointed by a State upon following the 
Recruitment Rules, enjoys a status. A post must be created and/or sanctioned 
before filling it up. As the Respondents did not hold any post they are not 
entitled to any scale of pay. (862-B; 864-F) 
State of Karnataka & Ors. v. KGSD Canteen Employees' Welfare Assn. 
& Ors, (2006) I SCC 567 and MP. Housing Board & Anr. v. Mano} 
Shrivastava, (2006] 2 SCC 702, relied on. 
A 
B 
BHEL & Anr. v. B.K. Vijay & Ors., (2006] 2 SCC 654 and Municipal 
Council, Sujanpur v. Surinder Kumar, JT (2006) 5 SCALE 505, referred to. C 
2. However, keeping in view the peculiar facts and circumstances of this 
case, the State should take steps to fill up the vacant posts, if any, as 
expeditiously as possible, in which event, the cases of the respondents may be 
considered together with other eligible candidates. However, age bar, if any, 
to the extent they had worked with the appellants may be relaxed. [864-F-GJ D 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3982 of2006. 
From the Judgment and Order dated 4.8.2004 of the High Court of 
Madhya Pradesh, Bench at Indore in Writ Petition No. 6640 of 2003. 
S.K. Dubey and B.S. Bantia for the Appellants. 
Vimal Chandra, S. Dave, Neelam Kalsi and Shailendra Narayan Singh for 
the Respondents . 
The Judgment of the Court was delivered by 
S.B. SINHA, J. Leave granted. 
Whether the respondents, who were engaged on daily wages, are entitled 
E 
F 
to claim minimum of the pay scale attached to the post in which they had been 
working with applicable allowances, is the question involved in this appeal, G 
which arises out of a judgment and order dated 4th August, 2004 passed by 
the High Court of Madhya Pradesh, Indore Bench in Writ Petition No.6640/ 
2003. The respondents were appointed on daily wages. The amount of daily 
wages at the rate of Rs.97. l 4p. was fixed by the Collector of District. They 
are not appointed upon compliance of the statutory rules. No advertisement H 
860 
SUPREME COURT REPORTS [2006] SUPP. 5 S.C.R. 
A was issued. Vacancies were also not notified to the Employment Exchange. 
B 
c 
On the premise that they are entitled to regularisation of their services, 
they filed an original application before the Madhya Pradesh State Tribunal, 
inter a/ia, praying for the follow

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