ANIL MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for regularising of his service in the second respondent administration. According to him, he was appointed on 04.12.1991 and his service is continued for the last eight years and now on 17.11.1997 his appointment was further extended for a period ending on 30.11.1997. According to him, his appointment has been continued upto 30.11.1997. According to him, he has been serving in the 2nd respondent organisation for 8 years, his service should be regularised. In the counter the respondents have stated that the petitioner was appointed on adhoc basis and his services were continued so long it was required and the post become vacant and requires tobe filled up by resorting to regular appointment procedure. In para 8 of the counter the position as stated by the respondents is in the following manner:

(2.) It is also stated in the counter that the petitioner does not satisfy the requirements of the qualification prescribed for the post and, therefore, his services were terminated.

(3.) The learned senior counsel Mr. Mukul Rohtagi submits that whatever be the nature of the order binding on the employee once he had been in service of the particular employer for number of years his services should be regularised. Only condition could be that he should satisfy the qualification prescribed for the post. The learned Senior counsel accepted that the petitioner would satisfy the qualification prescribed for, he has secured B.Com degree having statistics as a subject in the B.Com Degree. The learned senior counsel referred to the dictum laid down by the Supreme Court in State of Haryana and ors Vs. Piara Singh and ors 1992 (4) SCC 118.