JUDGEMENT
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(1.) THE question of temporary staff being made permanent has been engaging the attention of the University. It has been felt that the employee with satisfactory service for a specific period may be considered and be made permanent if there is a clear vacancy. Non -issue of such orders leads to dissatisfaction amongst the employees.
(2.) IT has been decided after due consideration that the temporary members of the staff of a cadre may be made permanent if they have rendered satisfactory service and there are no adverse remarks reported against the employee and if he has completed a period of two years on the post. Action in this matter may be initiated immediately in all such cases.
On the aforesaid basis, the petitioners contended that if they had rendered satisfactory services and there is no adverse remarks, then they are entitled to be regularised as permanent employee' without taking any test. It may be noticed that the basic requirement is that the incumbent must have 'rendered satisfactory service' and there is no adverse remarks, then they are entitled to be regularised as permanent employee. It may be noticed that the basic requirement is that the incumbent must have rendered satisfactory service. To adjudge whether the services of the petitioners are satisfactory if the University has adopted the objective mode of assessing the satisfactory working of such temporary employees by subjecting them to job test, it cannot be said that the method adopted by the University was arbitrary or contrary to the Circular apart from the fact that the Circular did not cover the regularisation to be made in future.
(3.) IT may be noticed that even in Dr A.K. Jain's case (11), where the Court directed to regularise all the in service candidates who had failed to get through regular selection, regularisation was subject to scrutiny by UPSC and not on the basis of mere existence of subjective circumstances. Thus on the undisputed facts of the present cases, the prayer for regularisation cannot be accepted.;
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