- (1.) AT the request of parties, arguments were heard and the special appeal is being disposed off finally.
(2.) APPELLANTS have preferred this special appeal against the order of Single Bench dated 14.09.2011, whereby writ petition filed by petitioner/respondent No.1 Captain Murari Badhadrra, was allowed and respondents were directed to fix the petitioner in the regular pay scale of Gliding Instructor Incharge and also to consider his case for grant of status of regular employee on the said post. Submission of the learned counsel for appellants is that the learned Single Judge directed the appellants to consider the case of petitioner for regularization on the post of Gliding Instructor Incharge on the basis of judgment of the Hon'ble Apex Court in the case of Secretary, State of Karnataka And Others Vs. Umadevi (3) And Others, reported in (2006) 4 SCC 1, (delivered on 10.04.2006), presuming that petitioner had completed 10 years of service on the date of judgment, whereas petitioner was appointed on 02.09.1996 and had not completed 10 years of service on 10.04.2006. He, therefore, submitted that the order of learned Single Judge was contrary to the directions given in Umadevi's case(supra), therefore, it is liable to be set aside by this Court.
(3.) LEARNED counsel for respondent supported the impugned order of Single Bench and submitted that petitioner was appointed against regular and sanctioned post after due advertisement and he was fully qualified and there was no complaint against him and his work was fully satisfactory and he is continuously working since September, 1996 and till now he has already completed about 16 years of service. He has also submitted that respondent had already completed 15 years of service, when the order of Single Bench was passed. He, therefore, submitted that directions issued by the learned Single Judge, are in accordance with the directions of Hon'ble Apex Court given in Umadevi's case(supra), therefore, no interference is called for by this Court in the matter.;