The judgment establishes the principle that employees working for more than ten years against vacant posts are entitled to be regularized based on the circular dated 29/9/2014, despite any contrary contention based on earlier circulars.

Vandana Kasrekar, J.

1. The petitioner has filed the present writ petition challenging the advertisement dated 28/7/2014 (Annexure-P/1) and amended advertisement dated 26/8/2014 (Annexure-P/2) issued by respondent No. 4 thereby inviting the application to fill up the various posts of Class-III and Class-IV of technical and clerk from the open market.

2. The contention of the petitioner is that the petitioner is a Sangh and the present writ petition is filed by the Vice President of the Sangh in the interest of contingency/daily wages employees against the inaction on the part of the respondents in not regularizing their services in spite of the fact that they are working in the department for last more than 14 years. It is submitted that the petitioner has filed list of contingency/daily wages employees of Class-III as Annexure-P/3 and Class-IV as Annexure-P/4. It is further submitted that the work of the contingency/daily wages employees is satisfactory and there is nothing against them. They are working in the department since 2000 but their services are not regularized. The petitioner, therefore, submitted number of representations from time to time for regularization of their services, but, nothing has been done, however, in spite of regularizing their services, respondent No. 4 has issued impugned advertisement thereby inviting applications for filling up the posts of Class-III and Class IV of technical and clerk from open market. It is further submitted that in the advertisement there is no relaxation of age and qualifications given to the contingency/daily wages employees. The provident fund is also deducted from their salary every month. There are number of vacant posts in the University. The petitioner-Sangh, therefore, submitted number of representations but no action has been taken in the matter.

3. During pendency of this petition, in view of subsequent event, the petitioner has filed an application for amendment. The application was allowed and by way of amendment the petitioner has impleaded that the State Government has issued a circular dated 29/9/2014 thereby amending the earlier circular with respect to regularization of the daily wages and temporary employees. By way of this circular, certain directions have been given in respect of regularization of daily wages employees working against the vacant post. In pursuance of the said circular, Secretary of the respondent-university vide letter dated 31/10/2014 has informed the In-charge Director regarding the said circular for regularization of the daily wages/contingency paid and temporary employees, wherein it has also been mentioned that in pursuance of the letter dated 29/10/2014 of the Chancellor of the University, a committee has been constituted for scrutinizing the cases of the daily wages employees working in the university and directed for considering the cases of the daily wagers in the light of the circular issued by the Department of General Administration from time to time. On 14/11/2014 one of the office holder of the petitioner Sangh has sought information in respect of decision taken by the Under Secretary, Technical Education, in respect of regularization of the daily wages employees of the respondent-university. In response to the same the Directorate of Technical Education has given very vital information i.e. the order-sheets of the regularization matter. The Director, Technical Education after considering all the aspects has came to the conclusion that the advertisement issued for filling of the post is not correct despite the fact that the daily wages employees are already working against the vacant posts. Copy of the note sheet is already on record as Annexure-P/16. In spite of regularizing the services of the employees of the petitioner Sangh, the respondents have issued fresh advertisement for filling of the vacant posts, the petitioner has approached this Court by filing the present writ petition.

4. The respondents have filed the