- (1.) The petitioner has instituted the present writ application, praying for the following relief(s): 1. By an appropriate writ, order or direction the respondents may be directed to call for the record pertaining to the case of the petitioner. 2. By an appropriate writ, order or direction the respondents may be directed to issue the order of regularization as per Govt. notification dated 16.5.2011 and to pay arrears with interest @ 12% per annum from the date of recommendation by the screening committee on 1.5.2012. 3. Any other relief which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also be given to the petitioners along with cost."
(2.) The essential material facts necessary for appreciation of the controversy raised are that the petitioner was initially appointed as Driver on 1st October, 1991. However, his employment was terminated on 6th January, 1996. On an industrial dispute raised by the petitioner, the proceedings culminated into an award dated 29th January, 2009, passed in his favour. It is pleaded case of the petitioner that the award made in his favour, was assailed before this High Court in Writ Application No. 8112/2009, which was dismissed on 14th March, 2011. The State-respondents resolved to take on duty the petitioner. Accordingly, an order dated 28th August, 2011, was passed and in pursuance thereof, he joined his duty on 29th August, 2011, on a consolidated payment of Rs.4030/- per month. It is further contended that the petitioner, having completed 10 years of service on 10th April, 2006, was entitled for regularization. The Screening Committee considered the case of the petitioner for regularization in the back-drop of the fact that he had completed 21 years of service and his case was recommended for regularization on 1st May, 2012. However, thereafter he has not been informed of any action with reference to his regularization, in spite of several representations, and therefore, has instituted the present writ petition.
(3.) In response to the notice of the writ application, the respondents have filed their counter affidavit, admitting the fact that in the back-drop of the circular dated 16th May, 2011 and keeping in view the fact that the petitioner had put in service of 21 years, the Screening Committee considered the case of the petitioner for regularization. The recommendations made by the Screening Committee for regularization are pending approval before the competent authority.;