- (1.) The above batches of the writ petitions have been dealt with by the learned Single Judge but the same could not be disposed of by His Lordship because of important questions of law that were posed before His Lordship. His Lordship having found conflicting judicial decisions of the Division Bench and as that of learned Single Bench of this Court and further Hon'ble Supreme Court by order dated 2nd March, 2011 placed the matters before the Hon'ble Chief Justice for assignment before appropriate Bench. The point was not formulated in so many words while referring the matter but on reading of the entire judgment and conclusion arrived at it is clear following question of law was staring His Lordship: Whether a temporary/casual employee can be allowed to participate in the selection process after condoning his age bar as prescribed in deviation of the recruitment rules? Therefore, individual fact in great detail in the writ petitions is not relevant for this purpose. Suffice it to say that the writ petitioners therein wanted to have relief for participation in the selection process ignoring age bar prescribed in recruitment rules. The learned referring Bench has discussed and relied on number of Supreme Court decisions rendered earlier including that of in case of The Secretary, State of Karnataka and others vs. Uma Devi and others, 2006 4 SCC 1.
(2.) The factual position of these matters were identical as petitioners were casual and/or temporary employee engaged by the respondents. In all the writ petitions they made substantive prayer for regularization, in the vacant posts in which they were appointed or alternatively to allow them to participate in the selection process for regular appointment to the said post they were holding. Learned referring Bench, however, held in the negative.
(3.) Learned counsels for the petitioner submit that the learned Single Judge has not followed the consistent views of the Division Bench of this Court as well as the Supreme Court on the above point. Those judgments are binding upon His Lordship. At any rate and alternative relief as prayed for should have been granted deciding the point in favour of the petitioner.;