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2003 Supreme(SC) 476

ARIJIT PASAYAT, SHIVARAJ V.PATIL
Orissa University Of Agricultural And Technology – Appellant
Versus
Manoj K. Mohanty – Respondent


JUDGMENT

Shivaraj V. Patil, J.-The respondent was appointed as a Typist against the vacancy of Junior Assistant on his application by the order dated 20.7.1990 on a consolidated salary of Rs. 530/- per month temporarily until further orders. His father was serving as a Lecturer in Statistics in the appellant-University. He died in harness on 27.6.1971. It is the further case of the respondent that although in the appointment order it was mentioned as Typist, he was working as Junior Assistant in the Examination Section of the College of Engineering and Technology; two certificates dated 4.12.1993 and 25.3.1996 were given to him by Dean which bear the testimony of his working as Junior Assistant, though he had been serving for more than five years, his services were not regularized, instead appellants absorbed some of his juniors; by the order dated 26-3-1996, he was appointed for a period of 59 days w.e.f. 27-3-1996 to 24. 5.1996 with a break of one day. Under the circumstances, he filed writ petition in the High Court seeking regularization of his services as a Junior Assistant w.e.f. 21.7.1990.

2. The appellants filed counter-affidavit in the High Court resisting his claim conten
























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