SANJAY KUMAR VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the office order as contained in Memo No. 150, dtd. 28/6/2014, issued under the signature of Principal Incharge, Government Polytechnic, Dumka by which his service has been cancelled and the office order issued vide Memo No. 413, dtd. 17/9/2013 has been made ineffective with immediate effect so far petitioner is concerned. Petitioner has further prayed for a direction upon the respondents to regularise his service to the post of Lecturer (Electronics) since he has rendered his service under the respondents since 1995. Petitioner has also prayed for a direction upon the respondents restraining them to give effect to the impugned order as contained in Memo No. 150, dtd. 28/6/2014, till decision for permanent absorption/ regularization of his service is taken by the respondents.

(3.) According to the petitioner, he was appointed as a temporary part time Lecturer in the year 1995 vide letter no. 327, dtd. 11/9/1995 on payment of consolidated amount of Rs.1,300.00 per month under the Govt. Polytechnic, Dumka and used to take 4 to 6 classes per day regularly similar to the duty of a full time Lecturer. After rendering more than five years of service, petitioner requested for grant of minimum pay scale prescribed for regularly appointed lecturers in view of the fact that petitioner was also rendering duty at par with the regular lecturers. When no heed was paid to request of the petitioner, he filed C.W.J.C. No. 1732 of 2001 before this Court which was disposed of vide order dtd. 16/10/2001 directing the respondents to pay salary to the petitioner in minimum pay scale prescribed for the regularly appointed lecturers. A direction was also given to the respondents to give age relaxation and preference in regularization. Thereafter, pursuant to memo no. 298, dtd. 1/3/2004, an order was passed for payment of salary to the petitioner with effect from 2001 itself. The appeals preferred by the State before the Hon'ble Division Bench as also before the Hon'ble Apex Court also stood dismissed vide order dtd. 17/7/2006 passed in L.P.A. No. 497 of 2005 and order dtd. 4/1/2007 passed in SLP No. 20969/2006 respectively.