ORDER :

Petitioner has come up with this Writ Petition seeking a direction to the Respondents to regularize his services in the post of Mess Manager-cum- Caretaker with effect from the date of his appointment, i.e. 22.07.2009 with all other consequential reliefs, including seniority.

2. According to the Petitioner, who is a physically challenged person, he was appointed on 22.07.2009 as a Mess Manager-cum-Caretaker in Pondicherry University to take care of Boys' Hostel. His employment was on contract basis initially for a period of one academic year commencing 30.04.2010, which was periodically extended and there was a proposal to regularize three posts of Mess Managers in the Respondent University in the regular scale of pay. It was also stated that, Overtime Allowance will be paid during public holidays on par with the University Electrical Wing Staff. Even though proposals have been forwarded as regards regularization of service, the Petitioner was not regularized in service as Mess Manager-cum- Caretaker. Finally, in the year 2019, it was decided to extend the approval to engage three Mess Managers-cum-Caretakers for Boys Hostel on contract basis for a period of ten months and that, there will be a walk-in-interview inviting qualified candidates through Pondicherry University website as well as advertisement in leading Dailies. It was also decided that, the Petitioner shall not be disturbed and that, he shall continue in service, till the selection process is over.

3. The grievance of the Petitioner is that, having utilized his services for more than a decade, instead of regularizing his service, the Respondent University has taken a decision to relieve him vide proceedings dated 17.12.2020. However, before the Relieving order could be served on the Petitioner, he obtained an interim order from this Court in the present Writ Petition, from divesting off his duties from the present post. The Petitioner has also furnished the Local Delivery Register to show that, pursuant to the orders of this Court, the Relieving order was served on him only on 27.01.2021.

4. It is further stated by the Petitioner that, even though salary was revised periodically by the Committee from the year 2017-18, his services were not regularized. It is his contention that, the action of the Respondent in not regularizing his services, is bad. The Petitioner pleaded that, the date on which the interim order was passed and the subsequent developments may be taken into account and that, the Writ Petition may not be thrown out on the ground that, his services have been terminated.

5. The Respondent University has filed a detailed counter, wherein, it is stated that, the Petitioner was engaged on contract basis only as a temporary measure and the same has been mentioned in his Appointment Order itself, as there is no UGC sanctioned post exclusively for "Mess Manager". Hence, according to the Respondent University, the question of regularization of service does not arise.

6. It is stated by the Respondent University that, the Petitioner has been relieved from the contract engagement vide Relieving Order dated 17.12.2020 issued by the 2nd Respondent and that, he has deliberately refused to receive the same, which has been sent by Speed Post on 13.01.2021, as could be seen from the postal endorsement. However, the Petitioner has received the said information through Whatsapp on 11.12.2020 itself and with unclean hands, he has approached this Court and obtained an order of interim injunction on 18.01.2021, restraining the Respondent University from terminating his temporary engagement, without disclosing (a) his employment period, which has already come to an end in June 2020 itself (b) that, he was not the only employee who had been terminated and (c) that, the Relieving intimation had been received by him on 11.12.2020. Only after the grant of interim order by this Court, the Petitioner collected the Relieving Order on 27.01.2021, in person. The Respondent Univer