WP(C) 4878/2003 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY Heard Ms. A Bhattacharyya, learned counsel for the petitioner and Mr. PS Deka, l earned State Counsel for the official respondent. The unrefuted pleaded case of the petitioner in absence of any affidavit by the respondents is that after passing the Higher Secondary School Leaving Certificat e, he could not pursue higher studies because of financial stringency. Further, in absence of any male member of the family the burden of sustaining the same al so fell on him. It was in these circumstances that he was initially appointed as a daily wage employee at the rate of Rs. 60/- per day w.e.f. 13.06.2001 in the establishment of the Chief Judicial Magistrate, Morigaon as a CD Copyist. He was , thereafter, appointed as a fixed wage casual copyist at the rate of Rs. 1800/- per month in the said establishment on 06.08.2001. He continued as such without any break till he was posted in the above capacity in the office of the Pubic P rosecutor. This was on 26.02.2002. As the petitioner apprehended her displacemen t by some ad-hoc arrangements, he approached this Court. By order dated 24.06.20 03 notice was issued and, in the interim, it was directed that she would not be replaced by appointing any other casual typist. She claims to have continued in the said capacity since then till date without any break in between. Whereas, Ms. Bhattacharyya has insistently urged that in view of the continuous unblemished services of the petitioner she is entitled to be regarded as a regul ar employee in the establishment of the Chief Judicial Magistrate, Morigaon and be extended the benefit of such an incumbent in all respect, the learned State C ounsel has submitted that having regard to the nature of her induction such a co nclusion is impermissible and that no relief as claimed ought to be accorded to her. Upon hearing the learned counsel for the parties and on a consideration of the p leaded facts as available supported by documents relatable thereto, this Court i s of the view that the petitioner’s appointment(s) can by no means be construed to be on regular basis against a permanent post. The arrangement, as evidenced b y the order dated 26.02.2002 only demonstrates that she was allotted the work of a copyist in the office of the Public Prosecutor attached to the establishment of the Chief Judicial Magistrate, Morigaon, Assam. In absence of any refutation by the official respondents, however, her claim of uninterrupted service in that capacity since the date of her initial induction till date, cannot be rejected. Be that as it may, as the petitioner is not holding the post presently in her oc cupation on regular basis, it would be in the fitness of things that the Chief J udicial Magistrate, Morigaon, Assam be required to initiate a process in his est ablishment to fill up the posts of the equivalent rank and status, if vacant, in terms of the Rules applicable thereto. Ordered accordingly. In that eventuality , the petitioner would offer her candidature therefor, if eligible in terms of t he norms prescribed and would be allowed to participate therein. If she has beco me over aged by now, the prayer for condonation thereof, if made, before the con cerned authority, would be examined with due sympathy and compassion. This is, i n view of the undeniable fact that the petitioner has since been rendering her s ervices without any break on and from the first date of her appointment i.e. 12. 06.2001. In case, the post that she is holding in the office of the Public Prose cutor is required to be filled up on regular basis and a process of selection is initiated therefor as well, it would be open for the petitioner to participate therein and in that eventuality the observation as above would apply therefor as well. The petition thus stands disposed with the above observations. Needless to say, in view of the time lag and the fact that the petitioner is con tinuing in her service on the strength of an interim order, her services would n ot be replaced by any makeshift or ad-hoc arrangements. The petitioner would lay a certified copy of this order before the learned Chief Judicial Magistrate, Mo rigaon, Assam so as to enable him to take necessary steps as deemed fit and prop er. No costs.