BHARAT SANCHAR NIGAM LIMITED Vs. ASHIM KUMAR DAS

JUDGEMENT

(1.) WHETHER a High Court can issue a writ, in the nature of mandamus, commanding a State or an instrumentality of the State to regularize the service of an employee, who was appointed without following any selection process or as a daily wage earner, on the ground that the services of some others, similarly situated, have been regularized and that the refusal to regularize the service of the writ petitioner is an act of discrimination and this discrimination must be removed by the High Court in exercise of its powers under Article 226? This is the moot question, which, in essence, the present two appeals have raised. While Writ Appeal No. 18 (K)/2007 has arisen out of the judgment and order, dated 03. 11. 2006, passed in WP (C) No. 152 (K)/2006, Writ Appeal No. 17 (K)/2007 has arisen out of judgment and order, dated 10. 11. 2006, passed in WP (C) No. 153 (K)/2006. By the judgments and orders impugned in the two writ appeals, a learned Single Judge of this Court has directed the appellants, who were respondents in the said two writ petitions, to regularize the services of the writ petitioners.

(2.) AS both the present writ appeals are closely inter-linked and the disposal of one of these writ appeals would have a bearing on the out-come of the other writ appeal, both the appeals have been, on the request made by the learned counsel for the parties, heard together and are being disposed of by this common judgment and order.

(3.) THE material facts giving rise to the present appeals may, in brief, be set out as follows :