...money be recovered from the appellant which has been paid to him, as a result of his irregular appointment for the post of Principal.5. We find that the High Court has...failed to consider the fact that even if the appointment was irregular, the appellant had discharged the duties and in lieu of duties, he had to be paid. The State cannot take any work from any employee...Appeal was dismissed.2. The Single Judge in its order dated 11.05.2000 maintained the order dated 24.12.1998 of cancellation of appointment of the appellant as Principal on...

...1 , 2006 SCC (L&S) 753, irregular appointment of employees who have worked for more than 10 years should be considered on merits. It was contended that the appellant has...been working in a sanctioned post and his appointment was not illegal but in the facts and circumstances of the case, his appointment could only be irregular appointment entitling him for regularisation...University and also the educational authorities and the facts of the case, in our view, the appointment of the appellant cannot be termed to be illegal, but it can only be termed as irregular...

....4. In case the petitioner respondent had received an irregular appointment then clearly somebody had made it. If the petitioner is to go out of service then so is the Officer who made an...irregular appointment. The State administration now protects those erring officers in a belated appeal that appointment of certain lower grade incumbent was illegal. But where exactly is the Officer who...appointment came within the spectrum of irregular appointment. Clearly the petitioner was harassed. This appeal is misconceived.7. It is dismissed with cost at Rs. 5,000/- to be...

...appearing on behalf of the appellants that the services of the appellants ought to have been regularized. It was not a case of back door entry or illegal appointment, but only irregular and they are....8. Learned counsel appearing on behalf of the respondent has relied upon paragraph 44 of the decision in Uma Devi (Supra), so as to contend that it was not the case of irregular appointment but...dealing with the case of the appellants for regularization, that their appointments were illegal and not irregular one. This Court, while entertaining the special leave petition, on 23.3.2015 passed the...

...for the petitioners says that the distinction is made between ‘illegal appointment’ and ‘irregular appointment’ and the petitioners can at best be brought within the category of ‘irregular appointment’ as...

...for the petitioners says that the distinction is made between ‘illegal appointment’ and ‘irregular appointment’ and the petitioners can at best be brought within the category of ‘irregular appointment’ as...

...which, thus, arises for consideration, would be: Is there any distinction between “irregular appointment” and “illegal appointment”? The distinction between the two terms is apparent. In the event the..., (2006) 7 Scale 405 it has been held by this Court:“24. The original appointment of the 3rd respondent being illegal and not irregular, the case would...statutory rules. No offer of appointment was also issued. He filed an application before the Labour Court purported to be for his classification in permanent category of workmen. An award was made on the...

...petitioner, we are of the considered view that now after the judgment in the case of Uma Devi (supra) only such appointments can be regularized which falls in the category of irregular appointment and...the question of appointment being irregular and illegal is to be examined by the appropriate Committee. The State Government having formulated the appropriate Committee, the learned writ Court has not...that his appointment falls in the category of irregular appointment and therefore, he is entitled to regularization and it is for the Committee to consider and take a decision in the matter...

...another is irregular appointment. In case of an illegal appointment the Supreme Court was of the view under no circumstances such appointment should be approved or regularized in any manner by the direction...essential criteria. But in case of irregular appointment Apex Court was of the view that can be regularized provided the same does not go to the root of the matter with regard to the selection process...voluntarily and continuously for more than ten years.(ii) The appointment of such employee should not be illegal, even if irregular. Where the appointments are not made or continued against...

...distinction between ‘irregular appointment’ and ‘illegal appointment’? The distinction between the two terms is apparent. In the event the appointment is made in total disregard of the constitutional...cases where, although, substantial compliance with the constitutional scheme as also the rules have been made, the appointment may be irregular in the sense that some provisions of some rules might...- Driving licence 27-1-1980”3. A select list was prepared for appointment on a regular post of driver, upon taking into consideration cases of eight...

...can be called an irregular appointment and not an illegal appointment.An irregular appointment is to be regularised against a vacant post. Such a post is vacant in the school, it is...appointment was never approved by the District Inspector of School. By this writ, the writ petitioner wants regularisation of his service.This is opposed by learned counsel for the state...that appointment needed further approval of another authority being the District Inspector of School. The District Inspector of School never approved the appointment. In my opinion, such appointment...

...illegal appointment and, two, an irregular appointment. It has been held that an illegal appointment cannot be regularized, what can be regularized is an irregular appointment and, therefore, to...scrutinize the cases of illegal appointment and irregular appointment Hon'ble Supreme Court has directed that the Union of India or the State Governments and instrumentalities of the State Government, as a...one time measure, within six months, should examine the case of all daily wage employees and in such cases where regularization can be ordered of an irregular appointment, steps should be taken for...

...appointed erroneously on a post must not reap the benefits of wrongful appointment jeopardising the interests of the meritorious and worthy candidates. However, in cases where a wrongful or irregular...examination and personal interviews, the final merit list of candidates was published on 8-4-2008, whereby all the appellants herein were selected. Based on the said merit list, the appointment letters were...not figure at all and accordingly, the appointment of the appellants were cancelled by the respondent State.5. At the time of publication of the revised merit list, the...

.... In that case, this Court was considering the legality of the action of the State in resorting to irregular appointments without reference to the duty to comply with the proper appointment procedure.... In our opinion, the initial appointment of the appellants can never be categorised as an irregular appointment. The initial appointment of the appellants is made in accordance with the statutory...are ex-servicemen and registered with the employment exchange. They were recruited as Special Police Officers.6. The appointment order of the first appellant reads as...

...sanctioned post) on a casual basis by the Governing Body of the college. He was one of the interviewed candidates. The appointment was irregular, not illegal. Having worked for more than ten years, in....I am unable to accept the argument that the appointment was an irregular appointment. It was clearly an illegal appointment. No recruitment process was initiated. The petitioner was...opportunity to others to apply for the post is not an irregular appointment, but an illegal appointment. The decision cited is of no assistance.For these reasons, the WP is dismissed. No costs. Certified xero...

...appointed to the post (a sanctioned post) on a casual basis by the Governing Body of the college. He was one of the interviewed candidates. The appointment was irregular, not illegal. Having worked for more...appointment was laid down.I am unable to accept the argument that the appointment was an irregular appointment. It was clearly an illegal appointment. No recruitment process was initiated. T...process and giving opportunity to others to apply for the post is not an irregular appointment, but an illegal appointment. The decision cited is of no assistance.For these reasons, the WP is dismissed. No co...

...(2010) 9 SCC 247 (The State of Karnataka v. M.L Kesari) makes a departure from the distinction between an illegal and irregular appointment as...) (supra) and (M.L Kesari) (supra). The ratio decidendi in the former with regard to the distinction between an illegal and irregular appointment for purposes of regularisation had not been diluted or...need may then arise in the light of the exigency of administrative requirement for waiving such irregularity in the initial appointment by a competent authority and the irregular initial appointment...

...been pleased to relax the appointment of the following nine irregular L.D Assistants of Directorate of Mining and Geology under provisions of Rule 14 of the O.M.S (Method of Recruitment of Junior...Government.After careful consideration, Government has been pleased to regularise the irregular appointment of these 18 recruits under Rule 14 of the...could be ‘regularised’ in exercise of the power of relaxation conferred on the Government by the aforequoted Rule 14 of the Rules, and if yes, whether such irregular appointees whose services have been...

...: AIR 2010 Supreme Court 2587. He then relies on the interpretation of irregular appointment in paragraph 5. He next relies on an unreported judgement dated 29 January...SCC 410. The petitioners were appointed by reason of administrative exigencies. Their appointment and services were necessary as borne out by subsequent creation of 40 (forty) posts against...which they claim regularization. Their appointments cannot, therefore, be said to be irregular.2. Mr. Mondal, learned advocate appears on behalf of Raiganj University and disputes that 40...

...before us), any appointment made without following such instructions cannot be said to be irregular appointment. Moreover, the administration should be more particular while considering the cases of...very object of the scheme which is a rehabilitation scheme, even if any appointment is made without following such instruction, cannot or does not make the appointment irregular....Personnel, Public Grievances and Pension, Government of India, issued a memorandum dated 9-10-1998 containing the scheme for compassionate appointment with an object to give a source of employment to the...