Law:

Section:

Civil service--- --Intra-court appeal---Daily wages employees of Parks and Horticulture Authority---Regularization of service---Declaring a post as permanent---Scope---Employees filed constitutional petition for their regularization in service---Single Judge of High Court declared the post to be permanent and ordered for regularization of the employees---Validity---No vacant sanctioned post against which employees could be regularized was available in the department---Employees were not appointed through proper procedure and were employed from time to time on daily wages---No permanent post existed against which employees were appointed---Only department could declare any post to be permanent---Court could only direct that a candidate should be considered for regularization but it could not order for regularization of person against post that had not been sanctioned and was not a permanent post---Impugned passed by the Single Judge of High Court was set aside---Intra court appeal was allowed in circumstances. THIS JUDGMENT DELIVERED BY: AYESHA A. MALIK, JUSTICE:---.--- This common judgment decides the instant Intra Court Appeal ("ICA") as well as connected I.C.A. No.207440/2018 whereby the Appellant has impugned judgments dated 24.04.2018 and dated 29.03.2018 passed by learned Single Judge in W.P. Nos.20827/2016 and 105238/2017 and allowed both the Petitions. 2. The basic case of the Appellant is that through the impugned order dated 24.04.2018, the learned Single Judge declared a post to be permanent and against the said post regularized the Respondents. Learned counsel argued that the post was not a permanent post and in fact there is no permanent post available against which the Respondents could have been regularized. Learned counsel further argued that the Respondents claim that they were recruited as Court Clerk in the legal department of the Appellant yet they seek regularization against the post of Mali. Learned counsel argued that there was no permanent post against which the Respondents could be recruited as they were recruited from time to time to do various odd jobs and there is no permanent post available against which they can claim…

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