A.M. Khanwilkar, J.

1) This Full Bench has been constituted by the learned Chief Justice in the light of reference made by the learned Single Judge of this Court Brother Justice Dr. D.Y. Chandrachud, in Writ Petition No. 315 of 2006, on 22nd January, 2007, by a speaking order. His Lordship in the reference order has adverted to the two line of decisions of this Court and also to the decisions of the Apex Court. His Lordship, has opined that in view of the law laid down by the Apex Court, in Hindustan Education Society and Ors. Vs. S.K Kaleem S.K. Gulam Nabi and ors. (1997 (3) Supreme 292)and the subsequent decisions in the case of Bhartiya Gramin P. Sanstha vs. Vijay Kumar and Co. (2002) 6 SCC 707 = 2003 (1) Mh. LJ 563)and Kalpataru Vidya Samastha vs. S.B. Gupta (2005) 7 SCC 524), it may not be within the jurisdiction of the Tribunal to hold that an employee, who has been appointed on temporary basis, to be deemed to be appointed on probation, on the ground that there was a clear and permanent vacancy. Further, even the Division Bench of this Court, in the case of Venkatraman Shankar vs. Jasbir Kaur Anand and Ors (Decided on 6th August, 1999 in Review Petition No. 16 of 199