were directly recruited from open market and therefore, they have been taken in at the initial constitution stage. However, there could be some other post-holders also who might have been taken either on deputation basis or there could be some who might not be holding any post outside the Department and if such persons exist in the Tribunal, the rule makers have taken care of this situation by enacting Rule 7. By this it has been ensured that all persons other than those mentioned in Rule 5 who were also working in the Debts Recovery Tribunal, Cuttack at the time of commencement of these Rules, should also be taken into the fold, provided they are found fit for the purpose. It is true that the applicant’s case does not come within the ambit of Rule 5, but his case comes within the ambit of Rule 7 because he was available on the date of commencement of these Rules holding a post in the Debts Recovery Tribunal, Cuttack, for consideration. Because at that point of time he was not having any lien to any other post, i.e. he is not on deputation, if he is found fit he can be inducted in service only by way of regularization. Rule 7 has used two terminologies, namely, (i) regularization and (ii) absorption Regularization method is used only for those persons who are not recruited on deputation and their appointments are not on regular basis and those who are on deputation are taken in by way of absorption. This being the meaning of Rule 7, the order dated 29.1.2003 (Annexure A/9) rejecting the applicant’s representation for regularization/absorption as Accounts Assistants in the Respondent/organization is not sustainable and liable to be quashed. We, therefore, quash Annexure A/9 and direct the Respondent Nos.1 to 4 to consider the case of the applicant for regularization in the post of Accounts Assistant which he was holding in the Debts Recovery Tribunal, Cuttack on the date of commencement of Recruitment Rules by convening a D.P.C. to assess his eligibility/suitability for regularization. This exercise shall be completed by the Respondents within 90 (ninety) days from the date of receipt of this order.”
