RAFIKUNNISA Vs. NAGAR PALIKA PARISHAD KHARSIA

JUDGEMENT

(1.) BY this petition, the petitioner seeks a direction to the respondent-authorities to regularize the services of the petitioner as Assistant Teacher in the school of respondent No.1 from 1-12-1986. Learned counsel appearing for the petitioner submits that the petitioner was working in the respondent department as Assistant Teacher on daily wages basis since 1986, but till date her services have not been regularized in spite of the fact that the petitioner has already spent her major portion of youth in the services of the respondents. The petitioner belongs to General category. The persons belonging to Scheduled Caste and Scheduled Tribe categories have been regularized by the respondent authorities on the post of Assistant Teacher, who were much junior to the petitioner. The respondent authorities have also issued instructions for regularization of the employees working on daily wages basis, even then also, the case of the petitioner has not been considered. Thus, this petition.

(2.) I have heard learned counsel appearing for the petitioner, perused the pleadings and documents appended thereto. It is evident that the petitioner was not appointed in accordance with the constitutional scheme of employment, as there was no advertisement Inviting applications from similarly situated candidates and no selection process was undertaken before appointment. The appointment of the petitioner was purely on temporary basis.

(3.) THE contention of the petitioner that the authorities directed to regularize the services of the employees working on temporary basis is concerned, the same is noticed to be rejected, as in Umadevi (supra), the Supreme Court observed as under :