- (1.)Leave granted. The Appellant before this Court was inducted in the employment of the Respondents as far back in 1974. He was initially required to discharge duties on an officiating basis as a Lower Division Clerk, against a leave vacancy. Thereafter, he was appointed as a site chowkidar, in the work charge establishment. His employment continued on different posts, as were available in the work charge establishment and muster roll staff, in different projects of the State Government. In 1976, the Appellant also had the occasion of discharging duties against the post of Telephone Assistant. Undisputedly, the post of Telephone Assistant is a Class-III post.
(2.)On 19.02.1981, the State Government issued a Circular to absorb work charge employees appointed prior to 21.08.1975. The aforesaid policy has been placed on the record of this case as Annexure P/2. The only requirement for absorption under the policy dated 19.02.1981 is, as expressed in paragraph 2(b), namely, that in case a vacancy against a regular post was available, and an employee fulfilling the qualifications and eligibility conditions prescribed therefor was available, he could be absorbed against the said post.
(3.)It is the case of the Appellant, that he fulfilled the conditions of eligibility, as also, the qualifications prescribed for the post of Clerk, and was accordingly absorbed against the post of Clerk vide an order dated 16.07.1981.