STATE OF ORISSA Vs. DIPITIMALA PATRA

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel.

(3.) The respondents herein were appointed as teachers on a durated basis for 89 days at a stretch awaiting regular candidates from the State Public Service commission. The delay in bringing forth the public service commission recommendees, let the respondents continue getting lease of 89 days each at a time, totalling approximately one and a half years. Claiming that they were entitled to regularisation of their services they approached the State Servicetribunal and obtained interim stay for continuance. By the time the matter was finally taken up by the State Services tribunal, the respondents had, with insignificant intervals, stayed put for almost 3 years in their respective jobs. The tribunal it seems by importing the application of a decision of this court in karnataka State Private College Stopgap Lecturers' Assn. v. State of karnataka ordered regularisation of the services of the respondents, whereas patently that precedent applied to its own facts based on the resources of the state of Kamataka to absorb stopgap lecturers. As has now, by process of time, become evident, no case of regularisation is at par with another. Conditions may be different in each State when a demand of the kind is raised of being accommodated. Now, the respondents were filling gaps of those seats which awaited their rightful claimants coming from the public service commission. They had thus to make way when the regular appointees came. But here not only did the tribunal grant relief to the respondents to continue in service, it went that far to order as follows :