WAHEEDA AKHTER Vs. SECRETARY TO DEPARTMENT OF CULTURE

JUDGEMENT

(1.) The issues involved in the instant petitions filed by the petitioner are interconnected and akin to each other, as such, are being disposed of by this common judgement.

(2.) Per Contra, reply stands filed by the respondents to WP(C) No. 2413/2022 supra wherein the respondents have disputed the basic eligibility of the petitioner for engagement and have contended that the petitioner could not have been engaged in the first instance while strongly relying upon the reasons detailed out in the impugned order, though the respondents have neither disputed the engagement of the petitioner nor do they deny regularization of the petitioner, except that the said regularization is alleged to be erroneous.

(3.) Perusal of the record tends to show that engagement of the petitioner as Junior Calligrapher/ Instructor Calligraphy in the year 1991 inasmuch as her re-engagement from time to time is not in dispute. So is also not in dispute the re-engagement of the petitioner as Instructor Calligraphy in the year 2006 and though the respondents claim that the said engagement was only for the period of 89 days yet, the continuation of the petitioner beyond the said period of 89 days is not being denied by the respondents. Respondents have also not denied to the fact that FIR lodged against the petitioner qua her date of birth and qualification certificate was closed 'as not proved'. Subsequent regularization of the petitioner against the post of Instructor Calligraphy inasmuch as her placement in the seniority lists issued by the respondents from time to time is also not being denied by the respondents. What is being disputed by the respondents, is an alleged erroneous regularization of services of the petitioner yet, the withdrawal of said regularization is neither pleaded nor denied by the respondents.