- (1.) THIS appeal has been preferred by the appellant -Chadra Tirkey against the judgment and order dated 18.2.2008 passed by the learned Single Judge in W.P.(S) No. 4470 of 2007, by which the learned Single Judge was pleased to dismiss the writ petition, relying upon the judgment of the Supreme Court delivered in the case of Secretary, State of Karnataka and Others V/s. Umadevi and Others, reported in (2006)4 SCC 1 [: 2006(2) JLJR (SC)282] and thus the petitioner -appellant was denied the relief of regularization and payment of wages and salary.
(2.) THE dispute giving rise to this appeal has a chequered history as it emerges that the petitioner - appellant was initially appointed in the Department of Industries in the year 1976 alongwith several others but his services were terminated on account of an order of retrenchment. The petitioner - appellant thereafter was re -appointed on 9.8.1985 on ad hoc basis as per the order of Establishment Committee, headed by the Joint Director, in the Department of Industries alongwith two others on a sanctioned vacant post. Thus petitioner -appellant although was appointed on a sanctioned post, the same was on ad hoc basis. However, he was granted regular scale of pay of Rs. 350 - 425/ - for the post which was then prevalent. This appointment initially was for a period of three months but his appointment was thereafter renewed from time to time and thus the petitioner - appellant continued in the service upto the year 1992. The petitioner -appellant thereafter was also granted the revised scale of pay and was placed in the scale of Rs. 2550 -55 -2660/ - as a Class -IV employee but suddenly in February, 2005, the respondent -authority restrained the appellant from discharging duties and stopped payment of salary and allowance, stating that he should move the High Court claiming regularization on the basis of his 20 years of long service and only thereafter he will be entitled to regularization. The petitioner -appellant, therefore, filed this writ petition bearing W.P.(S) No. 2148 of 2006, claiming regularization as he had already discharged duties for 20 long years by this time. The said writ petition was disposed of by the learned Single Judge of this Court on 12.9.2006 holding therejn that the issue of regularization had been set at rest by the Apex Court in the case of Secretary, State of Karnataka V/s. Uma Devi and Others, reported in (2006)4 S.C.C. 1 [:2006(2) JLJR (SC) 282] but the direction of the Supreme Court which was quoted therein indicated that a Committee had to be constituted to consider the case of regularization of the employees who had served about 10 years or more on a duly sanctioned post and in case they had discharged duties on a duly sanctioned post, protection was granted to such appointments/services by the ratio of the aforesaid decision. However, a rider had been imposed therein that if appointment had not been on a regular basis and the person was not regularly recruited on the vacant sanctioned post, then such protection subsequently was not to be granted to such employees by retaining them in service. The learned Single Judge relying on this authority, disposed of the aforesaid writ petition observing therein that the case of the petitioner -appellant herein be considered in accordance with the direction of the Supreme Court within a period of six months and an appropriate order be passed. The petitioner -appellant was also allowed salary for the period which he had actually worked.
(3.) IN pursuance to this order, a Committee was constituted by the respondents in the year 2007 and the Committee decided the case of the appellant alongwith others but was pleased to hold that the petitioner -appellant's initial appointment was on ad hoc basis and there was no order of regularization due to which he was not fit to be continued in the service of the respondent - Department. Thus, the appellant, who had already discharged duties in the respondent - Department for more than 20 years, was ordered to be removed from services.;