- (1.)REGARD being had to the similitude in the controversy involved in the matter, the above cases were heard analogously together and a common order is being passed. The facts of W.P. No.11591/10(s) are being narrated as under :
(2.)THE petitioner before this Court has filed the present petition being aggrieved by order dated 7.11.2009, by which he has been appointed on probation for a period of 2 years.
The contention of the petitioner is that he was initially appointed on 11.9.86 on the post of Lower Division Clerk and as he was not regularised a dispute was raised by him by filing an application under Section 51 (3) of MPIR, Act. The petitioner further stated that an order was passed on 31.5.97 and the respondents were directed to classify the petitioner as Lower Division Clerk w.e.f. 29.10.91 and to grant him a regular pay scale as well as difference of salary. It has also been stated that the writ petition preferred against the order passed by the Labour Court was dismissed i.e. W.P. No.3957/2005(s), meaning thereby the order passed by the Labour Court was affirmed. The petitioner has further stated that the again a SLP was preferred before the Apex Court i.e. SLP No.4065/2005 and the same has also been dismissed. The petitioner's grievance is that he cannot be appointed on probation in the manner and method it has been done by the respondents.

A reply has been filed on behalf of the respondents and they have admitted the history of litigation. The respondents have also stated that the petitioner as he did not fulfill the requisite criteria prescribed under the recruitment rules has rightly been appointed on probation and the petitioner does not have the qualification of typing examination to his credit. The respondents have also stated that the petitioner has been granted classification w.e.f. 29.10.91 and difference of salary has already been granted to him. The respondents have prayed for dismissal of the writ petition.

(3.)HEARD the learned counsel for the parties at length and perused the records.
It is an admitted fact that the petitioner was appointed on 11.9.86 as Lower Division Clerk and an order was passed by the Labour Court on 31.5.97. This court has carefully gone through the order passed by the Labour court and the following directions have been issued by the Labour court :-

(a) To classify the petitioner w.e.f. 29.10.91 as permanent; (b) To pay a regular pay scale to the petitioner to the post of Lower Division Clerk and pay arrears of salary also w.e.f. 29.10.91.