JAIDEV Vs. INDIRA GANDHI NATIONAL OPEN UNIVERSITY

JUDGEMENT

(1.) The Appellant, in an appeal under Clause X of the Letters Patent, challenges the correctness of a judgement and order dated 14th December, 2001 passed by a learned Single Judge of this Court in a batch of writ petitions. The facts

(2.) The Appellant is said to be a graduate and a qualified Stenographer. Sometime in June/July, 1996 he applied for the post of a stenographer/typist with the Electronic Media Production Center (EMPC for short) of the Indira Gandhi National Open University (hereinafter called 1GNOU). He was duly selected and joined the EMPC as a Junior Assistant cum Typist on 8th July, 1996. He says that he was not given any appointment letter but worked on daily wages. He continued working as a Junior Assistant cum Typist or a Stenographer, initially on daily wages and later, on a short-term contract basis, till 15th June, 1998 when the last contract came to an end. Even thereafter he continued working in the same post since he was expecting an extension of the contract. However, when he felt that his services might not be continued, he filed CW No. 3122 of 1998 in this Court praying, inter alia, for regularization of his services in the post of Stenographer or to continue his services as such till his services are regularized. The Appellant also prayed for grant of equal pay for equal work with effect from 11th November, 1996 when he was appointed as a Stenographer for the first time on a contract.

(3.) While opposing the writ petition, the Respondents averred in their counter affidavit that the requirement of a Junior Assistant-cum-Typist or a Stenographer was intermittent, irregular and not permanent. The contract with the Appellant having come to an end, it was not renewed. Generally explaining why the Appellant was initially appointed, it was stated that the EMPC, in its earlier avatar, was operating through temporary premises in Tughlakabad and Maidan Garhi. During the shifting period from the temporary premises to the present location, a considerable backlog of work had accumulated for about a year or so. Additionally, a few external works were also required to be handled during that period. To cope up with all this work, additional hands were taken in to complement the regular staff on a short term or temporary basis.