Entitlement to regular appointment and benefits based on unjust treatment, lack of justification for ad hoc or temporary treatment, and registration in the Employment Exchange.

SUBHASHAN REDDY, J.

( 1 ) THIS writ petition is filed to declare that the petitioner is entitled for regular appointment as Record Assistant in the first respondent school.

( 2 ) IT is distressing to note that the respondents have adopted cheap tactics of depriving this poor petitioner who had been rendering services of Record assistant since last several years on a paltry consolidated pay and then interrupted in service for every spell of 89 days only to see that the petitioner do notget a right of continuity of service so as to projecther rights for regularisation. This sort of approach by an authority like the respondents herein should be deprecated. Here is a case, where the petitioner, who is a poor helpless woman and said to be belonging to Scheduled caste community, had been rendering services out of strict financial necessity and accepted the consolidated pay. It is not the case of the respondents either that the vacancy in question is temporary and that the petitioner was appointed on ad hoc basis in view of exigencies. It is pertinent to mention that whenever a regular vacancy arises, the same has to be filled-up on regular basis and not on temporary basis with interruptions after every 89 days. On the other hand, the respondents while admitting that the vacancy is a regular atleast from the year 1983-84, tried to plead distortions.

( 3 ) HAVING scanned through the material on record, I do not find any reason or justification for the respondents to still treat and continue the petitioner as record Assistant on ad hoc basis or temporary basis. The petitioner is entitled to be regularised as a regular Record Assistant. Further, the petitioner also got her name registered in the Employment Exchange way back in the year 1982.

( 4 ) FOR all the reasons mentioned supra, I allow the writ petition and pass the following order:" The respondents shall treat the petitioner as a regular Record Assistant at least with effect from 28-1-1988 on which date this writ petition was admitted and Rule Nisi was issued. The petitioner shall be entitled all due seniority and differential pay between the consolidated and time scale, increments and promotion, reckoning her date of appointment as 28-1-1988".

( 5 ) THE writ petition is disposed of accordingly. No order as to costs.

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