JUDGMENT S.J. Mukhopadhaya, J. 1. The petitioners have challenged the order dated 9th October, 2003 passed by the Central Administrative Tribunal, Bench at Ranchi, in O.A. No. 151/2000, whereby and whereunder, the Tribunal allowed the application preferred by the respondents and directed the petitioners to absorb/regularize the applicants- respondents against Group C post of typist. 2. The main plea taken by the petitioners is that the respondents having already been appointed against Group D post of Helper Grade-I, the question of ab-sorption/regularization against higher Group C post of Typist is not permissible. 3. The respondents, on the other hand, have taken the plea that they were engaged as Typist and are performing the duties as Typist and thereby, the Tribunal has rightly directed to absorb/regularize them against Group C post of Typist. 4. The only question requires to be determined in this case is whether the respondents were appointed against Group D post of Helper Grade-I or are working as Typist on daily wage and thereby, they are entitled for absorption/regularization against Group C post of Typist or not. 5. The following plea has been taken by the respondents: Respondent Nos. 2 to 7 were appointed in between the year 1981 - 1983, as Typist on daily wage basis and functioning in different sections. Their engagement was allowed to be continued by orders issued from time to time, including Memorandum No. 2-1/82-Cte dated 10th October, 1983; Memorandum No. 2-1/82-Cte dated 2nd January, 1984; Memorandum No. 2-1/82-Cte dated 3rd January, 1985; and Memorandum No. 3-9/81-Cte dated 30th March, 1988. (Annexure A series). From a bare perusal of the aforesaid orders, it appears that the Director, Central Fuel Research Institute, Dhanbad (hereinafter referred to as C.F.R.I.) had been pleased to accord approval to the engagement of the persons named therein, including the respondents, on contract basis to work as. Typist and other clerical jobs in the sections mentioned against their respective names, on payment of Rs. 12/-per head per day. According to the respondents, such engagement was extended, from time to time, till a Memorandum No. 3-9/81-Cte. Vol. III dated 25th May, 1989 was issued. By the said Memorandum, to meet the requirement of the C.F.R.I., the Director, C.F.R.I. accorded approval to engage 7 (seven) daily wage typist and 19 (nineteen) daily wage labourers for a period of 60 (sixty) working days w.e.f. 26th May, 1989. Vol. III dated 25th May, 1989 was issued. By the said Memorandum, to meet the requirement of the C.F.R.I., the Director, C.F.R.I. accorded approval to engage 7 (seven) daily wage typist and 19 (nineteen) daily wage labourers for a period of 60 (sixty) working days w.e.f. 26th May, 1989. The name of the respondents have been shown as Typist @ 1/30th of the minimum of the relevant pay - scale of Rs. 950-1500/- plus D.A. it was made clear that their services shall be dispensed with after expiry of the period or work is over, whichever is earlier. 6. The petitioners-employer, on the other hand, while accepted that the respondents were initially engaged on daily wage basis, but taken plea that the respondents were subsequently appointed on regular basis by direct recruitment as Helper Grade-I, a Group D post. 7. It would be evident from the supplementary affidavit filed by the petitioner that the petitioner-C.F.RI. by requisition made by letter No. 3-61/89-PI dated 10th July, 1989 called for sponsoring 20-25 names of the candidates for appointment against the post of Helper Grade-I. It was followed by another letter No. 3-61/89-PI. dated 17th July, 1989, whereby further names were called for. By two letters, a total of ten posts of Helper Grade-I were shown to be vacant. The Employment Officer, Employment Exchange, Sindri (Dhanbad) by letter No. OC-14-16/89-734 dated 28th July, 1989, forwarded the list of eligible candidates. Another letter containing the list of candidates were forwarded by the Employment Officer, Employment Exchange, Sindri (Dhanbad), vide letter No. OC-14-16/89/803 dated 8th August, 1989. The list containing the names of large number of persons, including the respondents, whose names were appearing at SI. No. 60 (Shri K.P. Singh); SI. No. 61 (Shri P.K. Chakravarty); SI. No. 62 (Shri T.K. Bose); SI. No. 63 (Shri Samir Acharjee); SI. No. 64 (Shri R.N. Sharma); SI. No. 65 (Shri Bhim Mahato); and SI. No. 66 (Md. Salim Khan). Their qualifications -were shown against their names and it was also shown that they have worked as daily wage for 1000 (one thousand) and odd days, as mentioned against their respective names in the C.F.R.I. A Selection committee was constituted which met on 27th September, 1989 at C.F.R.I. and took interview of the candidates, including the respondents. Salim Khan). Their qualifications -were shown against their names and it was also shown that they have worked as daily wage for 1000 (one thousand) and odd days, as mentioned against their respective names in the C.F.R.I. A Selection committee was constituted which met on 27th September, 1989 at C.F.R.I. and took interview of the candidates, including the respondents. The petitioners have enclosed the proceeding of the Selection Committee and a chart containing the signatures of the respondents and other candidates who appeared before the Selection Committee for appointment to the post of Helper Grade-I. On recommendation of the Selection Committee, the Director, C.F.R.I., appointed the respondents on the post of Helper Grade-I by Office Memorandum No. 3-61/89-PI. dated 17th October, 1989; Office Memorandum No. 3-61/89-PI. dated 19th February. 1990; and Office Memorandum No. 3-61/89-PI. dated 25th May, 1990. 8. From the aforesaid facts, it will be evident that all the respondents were appointed as Helper Grade-I in the scale of Rs. 750-940/- by direct recruitment, vide orders issued on 17th October, 1989; 19th February, 1990; and 25th May, 1990 respectively. In their letters of appointment, it was mentioned that they will be on probation and on completion of probation period, the appointment will further continue on temporary basis, the post being temporary. 9. From the scheme for absorption, as contained in Annexure-6, it will be evident that there is no scheme for absorption of an employee who has already been appointed on regular basis by direct recruitment. It is only the daily wage/casual worker, in respect to whom, the scheme was framed. 10. A similar case fell for consideration before the Supreme Court in the case of Anis Parvez and Ors. v. The Director General, Council of Scientific & Industrial Research and Ors. Civil Appeal No. 2935 of 2000, disposed of on 7th May, 2002. In the said case, it was noticed that by way of concession, a scheme for absorption was framed. It was further noticed by the Supreme Court that when the vacancies of higher scale occurred at the relevant time, the appellants were not serving in those posts for consideration of their cases for absorption. When the case of the appellants of the said case, came up for consideration for absorption, the posts were available in higher grade. The Supreme Court held that in such circumstances, their cases could not have been considered against higher post. When the case of the appellants of the said case, came up for consideration for absorption, the posts were available in higher grade. The Supreme Court held that in such circumstances, their cases could not have been considered against higher post. 11. It is a settled law that a person can be absorbed against a post equivalent to the post of which daily wage/casual employee is performing the duty. No person can be absorbed against higher post, except by promotion. Once, a person is appointed on regular basis against a lower post, the question of absorption of such person against higher post does not arise, though persons in the lower post can claim for promotion, if the higher post falls within the channel of promotion. 12. Admittedly, the respondents were appointed by direct recruitment against Group D post of Helper Grade-I. Once, they were appointed by direct recruitment of such lower post, there was no occasion for the Central Administrative Tribunal to direct the appellants to regularize/absorb them against higher Group C post of Typist. 13. In the facts and circumstances, this Court has no other option, but to set aside the impugned judgment dated 9th October, 2003, passed by the Central Administrative Tribunal, Bench at Ranchi in O.A. No. 151/2000. 14. The writ petition is allowed. However, in the facts and circumstances, there shall be no order, as to costs.