DR. D.Y. CHANDRACHUD, J.

1. The reference before the Full Bench has been occasioned by an order dated 21st August, 2006 passed by a Learned Single Judge. The Learned Single Judge formulated the issue upon which there are conflicting judgments of two Division Benches of this Court and which consequently required a 2 determination by the Full Bench, thus : “Whether the Shikshan Sevak on completion of three years or 30 months service appointed on regular basis as an Assistant Teacher in a school in terms of Clause 8 of the Government Resolution dated 13th October, 2000 is required to be appointed as a confirmed teacher or a teacher on probation?”

2. In a judgment dated 11th December, 2003 delivered by a Division Bench of this Court consisting of Dr. Justice S. Radhakrishnan and Mr. Justice V.M. Kanade in Swati Vasant Patil v. Kandivli Education Society (Writ Petition 2627 of 2003), the Court held that Clause 8 of the Government Resolution dated 13th October, 2000 indicated that on the satisfactory completion of three years service, the candidate has to be absorbed on a regular post, on a regular pay scale. The Court was also of the view that clause (6)(3) of the Appendix to the G