BIJAY KUMAR SWAIN Vs. DIRECTOR INSTITUTE OF PHYSICS

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for issuance of an appropriate direction to the opposite parties to absorb him as helper or in any other suitable post.

(2.) IT is not necessary to discuss the facts of the case in detail for disposal of the case. Suffice it to state that when the petitioner was disengaged as Helper -cum -Pump Driver in the Institute of Physics with effect from 31.1.1996, he filed a writ petition in this Court bearing OJC No. 5014 of 1997 in which he assailed his disengagement and prayed for regularisation in service. This Court by judgment dated 19.1.1999 disposed of the aforesaid writ petition by directing the opposite parties to employ him as soon as an employment is' made available or the second Pump House is put to operation. The specific allegation of the petitioner in this writ petition is that soon after hearing of the aforesaid case was concluded, the Director, Institute of Physics (opposite party No. 1) published an advertisement for filling up various posts including three posts of helper (Waiter), one post of helper (Bus) and two posts of helper (sweeper) which indicates that vacancy in the post of helper was available and the petitioner could be appointed against any such posts but the opposite parties deliberately suppressed the facts to deprive him of his legitimate claim.

(3.) ON consideration of the averments made in the writ petiti6n and in the counter affidavit, it is evident that the petitioner has passed High School Certificate Examination. He was initially engaged as an NMR worker on daily wage basis in the Survey Work of the Institute campus from 25.12.1990 to 14.9.1991. Thereafter, he was employed as a casual labourer on daily wage -basis in the Painting work of the residential flats from 1.6.1992 till 25.4.1993. Thereafter, he was engaged for painting work in the hostel building of the Institute from 27.7.1993 till 21.8.1993. Subsequently he was employed on daily wage basis for doing menial nature of job from 22.8.1993 to 21.5.1 994 in a temporary scientific project (PHD Lab.). He again worked as a casual labourer on daily wage basis in the Pump House of the Institute from 15.6.1994 to 31.1.1996.