WP(C) 6383/2003 BEFORE THE HON’BLE MR. JUSTICE T VAIPHEI The petitioner in this writ petition is aggrieved by the failure of the State re spondents to regularise his services even after 20 years of temporary appointmen t. His case is that he was appointed to the post of Night Chowkidar at Deomornoi Hi gh School at a monthly salary of Rs.370-490/- per month till he was being perman ently absorbed to the post. The learned counsel for the petitioner admits that he was appointed against a no n-existing post. However, according to the learned counsel, on the retirement of the incumbent of the post of Grade-IV on 28.02.2008, a regular post of Grade-IV became vacant. Against this vacancy, the petitioner submitted a representation to the respondent No.3 for permanent absorb him against this post. The responden t No.3 by his letter dated 10.04.2003 (Annexure-3) addressed to the respondent N o.2 recommended the case of the petitioner for absorbing him against the vacant post of Grade-IV on humanitarian ground particularly when he had been in continu ous service since 1984. When no favourable response came from the respondent No. 2, the petitioner filed this writ petition for appropriate directions. During th e pendency of this writ petition, the Joint Director of Secondary Education, Ass am in his letter dated 05.04.2009 addressed to the respondent No.3 returned the proposal of the respondent No.3 and advised him to take necessary action from hi s end. Evidently, this does not improve the case of the petitioner. The learned counsel for the petitioner strenuously urges this Court to issue a direction for regularising the services of the petitioner keeping in view the fact that he ha d been in continuous service for the last 25 years or so. Mr MK Mishra, the lear ned standing counsel for the Education Department, Govt. of Assam refutes the co ntention of the petitioner by submitting that Secretary, State of Karnataka & Or s -Vs- UmaDevi (3) & Ors (2006) 4 SCC 1 does not come in the way of the petition er for regularising his services. In my opinion, the petitioner cannot be grante d the relief claim, as it will be contrary to law as laid down by the Apex Court in UmaDevi case to direct regularisation of his services. All that this Court c an do on the facts and circumstances of the case is to direct the State responde nts to advertise the post in question within a particular period of time and all ow the petitioner to participate in the recruitment process by relaxing his age and then consider his case for appointment together with the case of other eligi ble candidates. In the result, this writ petition is disposed of with the following directions: - (1) The State respondents shall advertise the post of Grade-IV at Deomornoi High School, Darrang District within a period of four weeks’ from the date of receip t of this order. (2) The State respondents shall also relax the age of the petitioner so as to e nable him to participate in the recruitment process. (3) The State respondents shall then consider the case of the petitioner togeth er with other eligible candidates for appointment to the same post of Grade-IV b y giving preference to the petitioner. The entire exercise shall be completed within a period of three months f rom the date of receipt of this order.