(1.) THE petitioner has approached this Court for a direction to the respondents to regularize his service w.e.f. 1.2.1996 instead of 1.10.2003 by condoning the break in service from 6.2.1993 to 8.6.1993.
(2.) LEARNED counsel for the petitioner submitted that the petitioner was appointed on daily wages basis on 1.9.1992 on the post of MCC in Group -D in the Public Health Engineering Department. The petitioner was regularized with effect from 1.10.2003, whereas he is entitled to be regularized with effect from 1.2.1996 as per the policy issued in the year 1996. His case was rejected on the ground that there was a break of more than 30 days. Learned counsel for the petitioner submitted that as per the information received by him on 23.6.2010 under the Right to Information Act, 2005, services of the similarly situated persons had been regularized by the department by condoning the break in service. Thereafter, he filed representation on 13.2.2012, but no action was taken by the respondents. He then filed CWP No. 16130 of 2012, which was got dismissed as withdrawn on 22.8.2012 to pursue the representation dated 13.2.2012. The petitioner also submitted legal notice on 2.9.2012 and representation on 21.12.2012 but the respondents have not taken any decision. Hence, the present writ petition.
(3.) IT was further submitted by learned Counsel for the State that if the claim of the petitioner is accepted at this stage, it will result in disturbing the seniority of the employees in the cadre. The petitioner has not impleaded any person likely to be affected as a party.
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