STATE OF HARYANA v. SURINDER KUMAR AND ORS.

4 SCC 118 has laid down the guidelines for appointment by recruitment and if need be by regularisation of class IV employees. As a consequence, any appointment made to the service shall be in accordance with the statutory rules and also the guidelines laid down thereunder. T,herefore, the appellant is directed to consider their cases in accordance with law and guidelines laid down therein for appointment of D the respondents to the service as per law provided they are otherwise eligible. If they have become age-barred, age may be relaxed for the p1:riod they have worked. On appointment, from that date they will be entitled to .• equal pay on par with the regular clerks. ' .,.. E Shri Manoj Swarup, learned counsel for the respondents, contends that the post held by the respondents are interchangeable and in fact they " have been interchanged to enable them to hold the posts. That contention cannot be given acceptance for the reason that since the respondents were appointed on contract basis on daily wages, they cannot have any right to F a post as such until they are duly selected and appointed. Merely because they are able to manage to have the posts interchanged, they cannot become entitled to the same pay-scale which the regular clerks are holding by claiming that they are discharging their duties as regular employees. The very object of selection is to test the eligibility and then to make selection in accordance with rules prescribed for recruitment. Obviously the G respondents' recruitment was not made in accordance with the rules. this Court has also pointed out in State of Haryana & Ors. v. Jasmer Singh & Ors., JT (1996)

10 SC 876 in that behalf. If any illegal actions have been taken by the officers after recruitment, it would be a grave matter of indiscipline by the officers and the higher authorities are directed to look {