- (1.) The respondent was appointed as a Typist against the vacancy of Junior Assistant on his application by the order dated 20. 7.1990 on a consolidated salary of Rs. 530/- per month temporarily until further orders. His father was serving as a Lecturer in Statistics in the appellant-University. He died in harness on 27.6.1971. It is the further case of the respondent that although in the appointment order it was mentioned as. Typist, he was working as Junior Assistant in the Examination Section of the College of Engineering and Technology; two certificates dated 4.12.1993 and 25.3.1996 were given to him by Dean which bear the testimony of his working as Junior Assistant, though he had been serving for more than five years, his services were not regularized, instead appellants absorbed some of his juniors; by the order dated 26-3-1996, he was appointed for a period of 59 days w. e. f. 27-3-1996 to 24.5.1996 with a break of one day. Under the circumstances, he filed writ petition in the High Court seeking regularization of his services as a Junior Assistant w. e. f. 21.7.1990.
(2.) The appellants filed counter-affidavit in the High Court resisting his claim contending that he was not appointed on regular basis; he has to go through the process of recruitment test/interview and after he becomes successful, then only he can be appointed on regular basis.
(3.) The High Court observing that the respondent has been working as Junior Assistant since 21.7.1990 on a consolidated pay; the Dean of the College has certified that he is sincere and hard-working; he has served for more than five years and that posts of Junior assistant are lying vacant, directed the appellants to take appropriate decision to consider the question of appointing him on regular basis. The High Court disposed of the writ petition on 11.9.1997 in the following terms:- "6.In the result, by modifying the impugned order dated 26.3.1996 at annexure-6, we direct that the petitioner may not be disengaged from service till appropriate decision is taken by the opp. Parties. We pass this order in view of the admitted position that the post against which the petitioner has been continuing as Junior Assistant is available and the said post is also required for the purpose which necessitated petitioner's appointment. The opp. parties are further directed to pay the petitioner regular scale of pay admissible to Junior assistant from the month of September, 1997.7. The writ application is accordingly disposed. ";