THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE P.V. SANJAY KUMAR WRIT APPEAL No. 1097 of 2001 JUDGMENT: (Per T. Meena Kumari, J) The present appeal is filed against the judgment of the learned Single Judge passed in Writ Petition No. 18818 of 1998, dated 23.1.2001. The learned Single Judge while allowing the Writ Petition No. 18818 of 1998 passed the following orders: “Direction is given to the respondent to regularize the services of the petitioner, as and when she completed five years of service without insisting for the existence of a clear vacancy as stipulated in Clause (5) of G.O.Ms.No. 212 dated 22.4.1994; but subject to fulfillment of other conditions and the Rule of Reservation to be followed by fixing the inter se seniority among the staff. If required number of candidates from the reserved categories are not available those posts may be carried forward and the backlog posts have to be filled in the next recruitment. On regularization of the services, the petitioner is entitled to count the service for the purpose of seniority and other attendant benefits like terminal and pensionary, which are being extended to the other regular employees of the University. Monetary benefit to the petitioner is limited from 1.1.2001 in the time of scale of pay attached to the post in which she is working. Twelve weeks time is granted to the respondent to pay the difference wages, to the petitioner, after deducting the pay that she is receiving, from the pay that she has to receive from 1.1.2001 on fixation of the salary in the revised scales pay attached to the post in which they are working.” Aggrieved by the order of the learned Single Judge, the University has preferred the present Writ Appeal and has obtained the interim stay of operation of the impugned order of the learned Single Judge dated 23.1.2001 passed in Writ Petition No. 18818 of 1998. Heard the learned counsel for the parties. The main contention urged by the learned Standing Counsel for the University is that the respondent is not entitled for regularization of services as there is no clear vacancy available and further submits that the direction of the learned Single Judge to regularize the services is against the conditions laid down in G.O.Ms.No. 212, dated 22.4.1994. The learned Standing Counsel also emphasized his argument basing on the fact that the respondent has also filed another Writ Petition No. 19627 of 1995 seeking more or less similar relief and the same was disposed of by the learned Single Judge with a direction to consider the case of the petitioner whenever a vacancy in the post of Junior Assistant-cum-Typist arises in the University in accordance with rules. Suppressing the said fact, the respondent has preferred the present Writ Petition. It is also stated that the said case was disposed of at the time of admission. It may be a fact that the case of the respondent might not have been considered and she is still working as a casual labour. The learned counsel has further argued that the respondent has suppressed the fact of filing of earlier Writ Petition. We had also an occasion to go through the order passed by the learned Single Judge and the affidavit filed in support of the present Writ Petition. The petitioner was appointed as a casual worker in Typist category with effect from 11.9.1989 in the Feed and Fodder Technology College of Veterinary Science in the respondent University and she is a Post Graduate and she had passed Typewriting English Higher Grade. According to the petitioner, she had completed 8 years of continuous service and there are still 17 vacancies of Junior Assistant-cum-Typist for the category of Casual Employees. It is also a fact that the affidavit filed by the petitioner did not disclose the factum of filing of earlier Writ Petition No. 19627 of 1995. A perusal of the said order goes to show that the present petitioner has sought to file the said Writ Petition to declare the action of the respondents in not considering the case of the petitioner as illegal and consequently to direct the respondents to consider her case in pursuance of the proceedings issued by the 2nd respondent in Proceedings.No.915/SC/95, dated 20.5.1995 and as per the permission given by the Government for absorption of the qualified casual labourers only as single time arrangement in the orders issued in G.O.Ms.No. 212, dated 22.4.1994. After hearing the learned counsel for the petitioner and also the learned Standing Counsel for the University, the learned Single Judge has allowed the said Writ Petition with a direction to the University to consider the case of the petitioner whenever a vacancy in the post of Junior Assistant-cum-Typist arises in the University in accordance with the rules and depending upon the seniority of the petitioner in the seniority list maintained for the casual labourers. Even though the said fact was not revealed, the present Writ Petition No. 18818 of 1998 has been filed by the respondent seeking a writ of mandamus to declare the action of the respondent in not regularizing the services of the petitioner as illegal. In view of the fact that the respondent might not have revealed the said fact of filing of the earlier Writ Petition, the respondent might have revealed the said fact of filing of earlier Writ Petition before the learned Single Judge in the present Writ Petition. Be that as it may, in the present Writ Petition, the petitioner has questioned the action of the respondent in not recognizing the services of the petitioner as she had completed 19 years of service as on today and she being a Post Graduate has sought for regularization of services in pursuance of G.O.Ms.No. 212 and as the learned Single Judge was of the opinion that she is entitled for monetary benefit and her case has to be considered and also she is entitled for the same with effect from 1.1.2001 and she is entitled to count her service for the purpose of seniority and for monetary benefits, we are of the opinion that the Order of the learned Single Judge needs no interference. Accordingly, the Writ Appeal is dismissed. No costs. _______________________ T. MEENA KUMARI, J ___________________________ P.V. SANJAY KUMAR, J 19.8.2008 CHV