JUDGMENT

TARUN CHATTERJEE, J.

Leave granted.

2. The appellant herein along with two other persons was appointed to the post of `Research Assistant in Sociology Department, Bangalore University (In short, "the University") on or about 18th of October, 1988. The initial appointment was for a period of three years provided however that the continuance of the appointment will be on an year to year basis subject to the report of the Head of the Department concerned testifying to the satisfactory work and conduct of the research during the year of review.

3. In the appointment letter, it was also made clear that the appointment may be extended by one year at a time for a further period of two years, depending upon the progress of the research work. The Clause 4 of the appointment letter states as under :- "They will be required to do tutorial work for 3 to 4 hours a week in addition to the research work approved by the University."

4. Clause 9 of the appointment letter states as under :-

"They should produce all the original certificates pertaining to their qualifications, date of birth, experience etc. at the time of reporting for duty to the Heads of the Department concerned, for verification. They should apply for registration for the Ph.d. Degree to the Registrar, Bangalore University, Bangalore within two months after reporting for duty to do research work on a selected subject and also abide by the regulations for the Ph.d Degree."

5. On or about 12th of February, 1987, some persons, whose tenure appointment as Research Assistants was coming to an end in 1986-87, made a representation on 12th of February, 1987 to the Chancellor, Bangalore University to regularize them by promoting/upgrading the post of Research Assistants. In their representation, the said persons submitted that during the tenure appointments (three years extended to five years) have acquired sufficient experience in the field of research and also teaching and they would be rendered jobless and put to hardships if their appointments were terminated at the end of their tenures.

6. On 31st of October, 1988, the University framed a draft statute thereby providing for absorption of Research Assistants as Lecturers as a one-time measure and submitted it to the State Government for approval. By an order dated 19th of October, 1991, the University directed that in regard to Research Assistants who were appointed for three years and continued beyond that period, status quo would be maintained by continuing their services until further orders or until the Government takes a decision in regard to proposals of their absorption as lecturers in the University. By a communication/order dated 3rd of November, 1992, the State of Karnataka returned the draft statute to the University suggesting some changes. Again on 17th of February, 1993, the University resubmitted the draft Statute after making necessary changes as instructed by the State Government. On 4th of October, 1993, the Chancellor of the University gave his assent to the said Statute and the Statute was called as the "Conversion of certain posts of Research Assistants to that of Lecturers and abolition of vacant posts of Research Assistants in various Departments of Bangalore University (for short "Statute")".

7. The aforesaid Statute was notified by the Registrar of the University on 8th of November, 1993. The clauses which are relevant for the purpose of proper decision of this appeal are as follows :-

"3.1. As from the date on which these Statutes shall come into force the posts of Research Assistants as mentioned in Annexure `A to these Statute shall stand converted to the posts of Lecturer.

3.2. As from the date on which these Statutes shall come into force all posts of Research Assistants, which are vacant as on 13.11.1992, shall stand abolished and there shall be no further appointment of Research Assistants in any of the Departments of the University."

3.4. The Research Assistants holding the post as such and