JUDGMENT

S.B. SINHA, J. - Leave granted.

2. Respondent is a driver. He sought for his recruitment in the Directorate of Telecommunications, Dimapur. He filed an application therefor on 30th January, 1984. Appellant herein in response thereto by its letter dated 30th January, 1984 stated :-

"With reference to your application dated 30.1.984, it is to intimate you that recruitment of Driver etc. is banned at present. Your case will be considered after the ban on recruitment is lifted.

Moreover you are directed to submit the employment exchange particulars, age, certificate etc. for consideration in due course of time."

3. Respondent, however, was appointed as a casual labour on daily wages. It was said to be on a need based one. He purported to have worked in that capacity from 11th March, 1989.

4. Respondent, however, was arrested by the police authorities in a case arising out of sub-section (6) of Section 34 of the Police Act. In connection therewith he had to undergo simple imprisonment for 8 days. He was also sentenced to pay fine of Rs.30/-.

5. He was not allowed to join back his duties.

6. He filed a writ petition before the Guwahati High Court, paragraph 7 whereof reads as under