B N DORA PRASAD Vs. HOTEL SAMRAT

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for a direction to the respondents for his re-instatement with all back wages as a regular employee and for regularisation of his services.

(2.) The facts, which are relevant for deciding the present controversy between the parties are that the respondents advertised for the post of Assistant (Accounts)/(Night Audit) through 'Employment News' dated March 26, 1988,which has been filed as Annexure A to this petition. The petitioner applied for the said post and was ultimately placed in the panel at serial No.2. There were two posts available, one in the general category and the other in reserved category. The petitioner having been placed at serial No.2 was, therefore, not given any appointment. It is further contended that he was employed as a Daily Wager on his request on April 1, 1989 and on December 14, 1990 he requested the respondents for regularisation on the basis of his selection and satisfactory service of nearly 21 months.

(3.) It may be relevant to mention that the matter was considered by the respondents and it is so stated in letter dated March 8,1991, as addressed to the Member of Parliament. The operative part of this communication may be reproduced as follows: