- (1.) Short question would involve in this Tribunal application as to whether the Tribunal was justified in asking the State to absorb the respondent despite the Apex Court decision in the case of Secretary, State of Karnataka Vs. Uma Devi, 2006 4 SCC 1 that would be in total conflict.
(2.) The respondent Shyamal Kanti Dutta was appointed Mathematics Instructor in Fulia Polytechnic in the district of Nadia. According to Shyamal Kanti Dutta, since 1992 he was working in the post on ad hoc basis and he continued up to 2001 with certain negligible short break in service. The Tribunal, vide judgment and order dated July 18, 2012, allowed his application asking the State to absorb him. The Tribunal relied on paragraph 53 of the decision in the case of Uma Devi .
(3.) Being aggrieved, the State filed the instant application that we heard on the above-mentioned date.;