VINOD KUMAR Vs. NETAJI SUBHASH INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) THERE are four petitioners in this writ petition. By this writ petition filed under Article 226 of the Constitution of India, petitioners claim that they should be regularized in their posts from the date of their original appointments on ad hoc basis. Since the facts with respect to the four petitioners are more or less similar, for the sake of convenience reference is made to the facts qua petitioner no. 1.

(2.) PETITIONER no. 1 joined the services of the respondent no. 1 originally as a daily wager on 19.10.1994 in which position he worked till 26.5.1998. Petitioner no. 1 was thereafter appointed on ad hoc basis with respondent no. 1 as cleaner (LG) on 27.5.1998 and in which post he worked till 31.5.1999. From 1.6.1999 petitioner no. 1 was reverted to work as an unskilled labour on daily wages.

(3.) PETITIONER no. 1, though not a party to a contempt petition, he filed an application being CM No. 5733/2004 in a CONT.CAS (C) No. 328/1998 and by which application petitioner no. 1 prayed for regularization of his services with the respondent no. 1. This application was disposed of by petitioner no. 1 being granted benefit of the judgment which was passed by a learned Single Judge of this Court in the case of Shri Ashok Kumar Sharma and Ors. Vs. Govt. of NCT of Delhi and Ors., C.W.P. No. 3274/1996 decided on 29.4.1998. The order dated 30.4.2004 in CM 5733/2004 and the operative portion of the judgment dated 29.4.1998 in CWP 3274/1996 read as under: