JUDGMENT

Heard Mr. S. Saxena, learned senior counsel, assisted by Mr. A. Goyel, learned counsel for the petitioner and Mr. S.P. Chodhury, learned Standing Counsel for the National Institute of Technology, Silchar, i.e. the respondent Nos. 1, 2 and 3.

[2] By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for regularizing his services as a junior Engineer in the National Institute of Technology (hereinafter referred to in short, N.I.T.), Silchar from his initial date of appointment i.e. 14.10.2009

[3] The case of the petitioner is that he was appointed as junior Engineer on contractual basis in the N.I.T., Silchar for a period of 6 (six) months on the recommendation of the Selection Committee meeting held on 12.10.2009. It was further stipulated in the said order that the petitioner would be paid consolidated emoluments on contractual basis. In pursuant to the said appointment order an agreement was entered into between the Institute and the petitioner. The petitioner has since been working in the said capacity as a Junior Engineer in the said institute.

[4] Thereafter by order dated 23.04.2010, the contractual appointment of the petitioner was extended by a period of 6 (six) months with effect from 17.04.2010 in the Estate Section of the N.I.T. Thereafter, again the services of the petitioner were extended by another period of 6 (six) months with effect from 18.10.2010 (Annexure-C). It is to be stated herein that immediately on the expiry of 6 (six) months period from the earlier extension order, the petitioner was again appointed for another period of 6 (six) months on contractual basis. Then again by an order dated 20.04.2011, the services of the petitioner was again extended for another period of 6 (six) months with effect from 19.04.2011 and it is seen in all the orders that the gap between the 2 extension orders was 3 days with regard to the first one and 1 day with regard to the other two.

[5] Thereafter, vide order dated 25.10.2011, pursuant to the recommendation of the Selection Committee, the petitioner was appointed to the post of Junior Engineer and again the said appointment was made for a period of 6 (six) months on contractual basis. Thereafter, his services were again extended by 11 months with effect from 26.04.2012. This appointment is made again on the recommendation of the Selection Committee. Subsequently, on 14.02.2013, the petitioner along with other similarly situated contractual employees were released from services with effect from 28.02.2013. However, again the petitioner alongwith others were selected as trainee with effect from 11.03.2013 vide order dated 05.03.2013. Then, by order dated 27.08.2013, the petitioner was appointed as Assistant Engineer (Civil) again on contractual basis on the recommendation of the Selection Committee and on consolidated emoluments. Thereafter, there was again extension of his services time and again.

[6] Thereafter, again on 02.07.2014, the services of the petitioner as Assistant Engineer was again reengaged with effect from 02.07.2024 to 31.12.2014. The services of the petitioner were extended after that on a number of times. Thereafter, on 01.07.2015, the petitioner was appointed as Engineer in the Estate Section on consolidated remuneration and it was stated in the said appointment order that his continuation would be subjected to the satisfactory performance. Thereafter, extension was again granted. However, it is seen that the petitioner was considered as an outsourced staff and necessary intimation that the petitioner was re-designated from junior Engineer to Assistant Engineer was intimated to the M/s. Panaroma International by the Registrar of the N.I.T., Silchar. The petitioner as an outsourced employee was again made to work in N.I.T., Silchar.

[7] It is also noticed that in between the salary has also been enhanced in respect of the petitioner and other similarly situated employees. Thereafter, on various dat