The main legal point established in the judgment is the prohibition of replacing adhoc employees with another set of adhoc employees and the need for fair consideration of adhoc employees for regularization.

JUDGMENT :

Heard learned counsel for the parties.

2. Petitioner has approached this Court with a prayer for quashing the office order as contained in Memo No. 150, dated 28.06.2014, issued under the signature of Principal Incharge, Government Polytechnic, Dumka by which his service has been cancelled and the office order issued vide Memo No. 413, dated 17.09.2013 has been made ineffective with immediate effect so far petitioner is concerned. Petitioner has further prayed for a direction upon the respondents to regularise his service to the post of Lecturer (Electronics) since he has rendered his service under the respondents since 1995. Petitioner has also prayed for a direction upon the respondents restraining them to give effect to the impugned order as contained in Memo No. 150, dated 28.06.2014, till decision for permanent absorption/ regularization of his service is taken by the respondents.

3. According to the petitioner, he was appointed as a temporary part time Lecturer in the year 1995 vide letter no. 327, dated 11.09.1995 on payment of consolidated amount of Rs. 1,300/- per month under the Govt. Polytechnic, Dumka and used to take 4 to 6 classes per day regularly similar to the duty of a full time Lecturer. After rendering more than five years of service, petitioner requested for grant of minimum pay scale prescribed for regularly appointed lecturers in view of the fact that petitioner was also rendering duty at par with the regular lecturers. When no heed was paid to request of the petitioner, he filed C.W.J.C. No. 1732 of 2001 before this Court which was disposed of vide order dated 16.10.2001 directing the respondents to pay salary to the petitioner in minimum pay scale prescribed for the regularly appointed lecturers. A direction was also given to the respondents to give age relaxation and preference in regularization. Thereafter, pursuant to memo no. 298, dated 01.03.2004, an order was passed for payment of salary to the petitioner with effect from 2001 itself. The appeals preferred by the State before the Hon’ble Division Bench as also before the Hon’ble Apex Court also stood dismissed vide order dated 17.07.2006 passed in L.P.A. No. 497 of 2005 and order dated 04.01.2007 passed in SLP No. 20969/2006 respectively.

4. It is further case of the petitioner that in spite of orders mentioned hereinabove, the respondents stopped paying minimum salary to the petitioner from November, 2006 leading to filing of W.P.(S) No. 2554 of 2007. The said writ petition was disposed of vide order dated 22.02.2008 directing the respondents to pay salary in view of orders passed earlier. In the year 2010, the Department of Science and Technology issued a Resolution vide Memo No. 3397, dated 26.11.2010, whereby a decision was taken regarding payment of salary to the part time lecturer working in the Govt. Polytechnic and it was decided that the part time lecturer shall be paid honorarium at the rate of Rs.250/- per lecture and maximum of Rs.12,500/- per month. Petitioner again filed W.P.(S) No. 837 of 2011 praying therein to issue direction to the respondents to pay him salary/honorarium in terms of Resolution issued vide Memo No. 3397, dated 26.11.2010. The said writ petition is still pending and the State has taken the stand that one Menashi Marandi was transferred to the College where petitioner is working. Said Menashi Marandi is a Lecturer in the Department of Electronics but as there was no vacant post in the Department of Electronics, she had been adjusted against the post held by petitioner i.e. in the Faculty of Electrical. However, the Deputy Secretary, Department of Science and Technology, vide letter no. 758, dated 19.05.2011, has issued direction to pay salary/ honorarium to the petitioner at the rate of Rs.8,000/- per month.

5. It is further case of the petitioner that pursuant to advertisement published in Hindustan daily dated 11.06.2011, the respondents have invited applications for appointment of Adhoc/ Part Time Lecture