KRISHNAMURTHI R Vs. DIRECTOR OF PUBLIC INSTRUCTION MYSORE

JUDGEMENT

(1.) The petitioner was appointed as a teacher as a local candidate, and on 1 January, 1960 he was in service. That service came to an end on 31 March, 1960 and he was again appointed by an order made on 1 June, 1960 under which he joined service on 13 June, 1960 and from that date he continues to be in service. He sought regularization of his appointment form the date on which he was initially appointed as a local candidate, and since the said regularization was refused, he seeks a direction for such regulation.

(2.) In support of his claim for regularization, he depends upon the order of Government made on 22 September, 1961 which directs that in areas other than the old Mysore area, appointments to class III direct recruitment posts made by local appointing authorities up to 1 June, 1960 shall be regularized subject to two conditions regarding age and qualification. This is the direction in Para. 1(ii) of that notification which has relevance to the case before us. In Para. 2(ii) the notification directed that such regularization of local candidates shall be made with effect from the date of their appointment from which their services from 1 January, 1960.

(3.) It is not disputed that the petitioner fulfilled the two conditions referred to in Para 1(ii) regarding age and qualification. It is not disputed that one of the two conditions to which Para 2(ii) refers also exists, namely, that the petitioner was in service on 1 January, 1960.