WP(C) 4628/2002 BEFORE THE HON’BLE MR JUSTICE IA ANSARI Heard Mr. M. Talukdar, learned counsel for the petitioners, and Mr. S. Saikia, l earned counsel, for the respondents. While the petitioner No.1, namely, Ananta Deka, was appointed as a work charged driver by order, dated 09.01.84, issued by the Executive Engineer, PWD, Guwahati City Division, Guwahati, petitioner No.2, namely, Ramesh Barman, was ap pointed, as a work charged driver, by order, dated 20.10.86, issued by Executive Engineer, PWD (R), Guwahati City Division, Guwahati. By order, dated 05.09.92, service of the petitioner No.1, as work charged driver, was brought to the regul ar post of Driver, with effect from 01.09.92, by order issued, in this regard, by the Executive Engineer, PWD (R), Guwahati City Division, Guwahati. The order, dated 05.09.92, aforementioned, claims that petitioner No.1 had been brought ag ainst the regular post of Driver by virtue of the office order No.136, dated 18. 08.91. As far as petitioner No.2, namely, Ramesh Barman, is concerned, he was br ought, vide order, dated 27.09.96, issued by the Executive Engineer, PWD (R), Gu wahati City Division, Guwahati, to the regular cadre of Driver, in the vacant po st of Driver, with effect from 27.09.96. Later on, and to be precise, on 05.06.2 002, services of both the petitioners, as drivers, were de-regularised, with imm ediate effect, by issuing order in this regard, the order having been issued by the Executive Engineer, PWD (R), Guwahati City Division, Guwahati. Aggrieved by the fact of their de-regularisation, the petitioners have come to t his Court with this writ petition, made under Article 226 of the Constitution of India, seeking issuance of appropriate directions. While considering the present writ petition, it needs to be noted that while the petitioner No.1, namely, Ananta Deka, was brought to the regular post of Driver by order, dated 05.09.92, issued by the Executive Engineer, PWD (R), Guwahati C ity Division, Guwahati, with effect from 01.09.92, the respondents have pointed out that the said post, against which the service of the petitioner No.1 was reg ularized, already stood transferred to the Plant Mechanical Division, Guwahati, along with persons holding the posts at the relevant point of time as per order of the Chief Engineer, Public Works Department (Roads), Assam, covered by letter No.CEE/40/88/Pt-34, dated 12.08.92. It is, thus, clear that both the posts, against which the present petitioners we re regularized, already stood transferred to the Plant Mechanical Division, Guwa hati, and the said posts had become non-existent in the office of the Executive Engineer, PWD(R), Guwahati City Division No.1. As the orders of regularization, in favour of both the petitioners, had been mad e subsequent to the order of transfer, dated 12.08.1992, it logically follows th at their regularization was against non-existent posts. The orders of regulariza tion, made in favour of the two petitioners, having been passed against non-exis tent posts, suffer from complete non-application of mind and vested, therefore, no right, far less indefeasible right, in the present petitioners, to demand the ir regularization as against the posts, which were really non-existent in the di vision concerned. As the orders of regularization were ex facie illegal, the res pondents have corrected the same by subsequently issuing the order, dated 05.06. 2002, which stands impugned in this writ petition. In view of the fact that regularization of the petitioners’ services against non -sanctioned posts were ex facie illegal, the mere fact that no notice was given to the petitioners before the impugned order, dated 05.06.2002, was passed, woul d not give any right to the petitioners to demand that they be continued against non-existent and non-sanctioned posts, for, allowing the petitioners to do so w ould warrant payment of salary and allowances meant for the posts of Driver and such payments, without financial sanction, cannot be given. Considering, therefore, the matter in its entirety and in the interest of justic e, while the impugned order of de-regularisation is not interfered with, respond ents are hereby directed to ensure that as and when posts of Driver fall vacant in the office of the Executive Engineer, PWD(R), Guwahati City Division No.1, th e same be filled up by the present petitioners in order of their seniority and t heir appointments, if so made, shall be maintained until the time they retire, o n superannuation, or in any other manner and the petitioners are given the libe rty to approach this Court, in future, if so required. With the above observations and directions, this writ petition is disposed of. No costs.