- (1.) On 21st January, 2009, the petitioner addressed a representation to the respondents with a prayer to regularize his services for he had been continued on contract basis since 1st July, 1995. The representation as well as the reminders evoked no response, and therefore, the petitioner has approached this Court praying for the following relief(s):- "i) respondents may kindly be directed by issuing writ of mandamus or appropriate order or direction to regularize the services of the petitioner on the post of caretaker in the regular pay scale with all consequential benefits from the date of his initial appointment. ii) respondents may also kindly be directed to make the payment of monthly emolument in the regular pay scale on the post of caretaker since initial appointment of petitioner with all consequential benefit, by issuing writ of mandamus or any other appropriate order or direction. iii) respondents may further be directed to release the outstanding salary of the petitioner as well as payment against medical allowance. In as much as the annual grade increment which is become due in July, 2011. iv) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioner."
(2.) Briefly, the indispensable skeletal material facts necessary for appreciation of the controversy are that the petitioner was engaged on contractual basis with effect from 1st July, 1995, against the sanctioned post of "Caretaker".
(3.) Learned counsel for the petitioner reiterating the pleaded facts and grounds of the writ application has vehementaly argued that the post of "Caretaker" is a sanctioned post, as would be evident from Schedule-A annexed to the writ applicaton indicating the sanctioned posts and work allotted as on 30th November, 2009 with necessary details including sanctioned strength. The post of "Caretaker" has been indicated at serial number 9 with the pay scale of Rs.5200-20,200. The current remuneration of the post has been indicated as Rs. 9,272/- (nine thousand two hundred seventy two), on a consolidated basis per month, with 10% increment since 2001, which has been accorded to the petitioner up to 2011.;