M.Y.EQBAL, J. - (1.) PETITIONER has prayed for quashing the order as contained inMemo No. 1442, dated 23.7,1994 which has been passed in compliance of the order dated 16.3.1994 passed in CWJC No. 123 of 1994 (R) and further for a direction to regularize the service of the petitioner in Class III post.
(2.) THERE is no need to discuss the fads of the case as it will reflect from the order dated 16.3.1994 passed by Division Bench of this Court in the earlier writ petition filed by the petitioner being CWJC No. 123/94R. The order reads as under : - - 'Heard learned counsel for the petitioner and learned counsel for the respondents. The petitioner was appointed on 13.11.1987 on the Post of Junior Assistant for a period of six months on compassionate ground. His services have been extended for time to time as would be evidence from the order contained in Annexure -3 Series. However, by reason of the impugned order dated 21.12.1992 (Annexure -5), the services of the petitioner has been regularized in Class IV post. As the petitioner had initially been appointed in Class III post on compassionate ground, we do not find any reason whatsoever as to why the petitioner at this stage should have been appointed in Class IV post. However, at the time of initial appointment of the petitioner, he was found fit for appointment in Class III post. In our opinion, there cannot be any earthly reason as to why after putting him in work for more than five years, he had been found fit for regular appointment in Class IV post. In this view of the matter, we dispose of the writ application by directing respondent No. 4 to consider the matter afresh and pass appropriate order in accordance with law within two months from the date of receipt/production of a copy of this order.' In compliance of the aforesaid order the concerned respondent passed the impugned order justifying the regularization of the petitioner in Class IV post.
(3.) I have heard Mr. V. Shivnath, learned counsel for the petitioner and Mr.R.S. Mazumdar, learned Government Advocate.;