W. MARBOH Vs. NORTH EASTERN HILL UNIVERSITY (NEHU)

JUDGEMENT

(1.) All the appeals arise in respect of a common judgment and order dated 23rd October, 2019, passed by a learned Single Judge in WP(C) No. 458 of 2019, WP(C) No. 459 of 2019, WP(C) No. 460 of 2019, WP(C) No. 461 of 2019, WP(C) No. 462 of 2019, WP(C) No. 463 of 2019 and WP(C) No. 464 of 2019. As such, we take up the appeals together and dispose of the same in the following manner:-

(2.) In WP(C) No. 458 of 2019, the petitioner has approached this Court under Article 226 of the Constitution of India impugning order dated 28.08.2019 whereby his representation seeking regularisation of his service (Annexure-11) has been rejected. A prayer has been made for issuance of a direction to the respondents to frame a scheme for regularisation as per the decision in Umadevi's case granting service benefits to the petitioners.

(3.) Learned counsel Mr. S. Sen has put in appearance on behalf of the respondent-University and submitted that the petitioners in these writ petitions had earlier filed WP(C) 113 (SH) of 2011 which was dismissed on 03.05.2013 claiming the same relief of regularisation. Learned counsel relied upon paragraph 4 of the order dated 03.05.2013 wherein, it had been recorded that the petitioners were appointed as casual workers depending on the availability of works and not against any sanctioned posts and while appointing the writ petitioners even on casual basis, the procedure prescribed under the Constitutional Scheme of public appointment were not followed. Paragraphs 4 and 5 of the order dated 03.05.2013 reads thus:-