In spite of that, the process for termination was initiated only in the year 2001 and the appellant was reinstated w.e.f.
3.01.2002 and was removed from services finally in the year 2007.
Principal, Ramashray Baleshwar College requested the Registrar of the University to regularize the services of appellant vide letter dated 07.10.1993 but the Registrar passed an Order of termination dated 01.03.2001.
Brief facts which led to the filing of this appeal are as follows The appellant was appointed temporarily in Class IV post of Night Guard, on daily wages vide Office Order dated 04.06.1983 issued by Principal, Ramashray Baleshwar College for short College , Dalsang Sarai, affiliated to Lalit Narayan Mithila University for short University , Bihar.
Thereafter, the Additional Commissioner cum Secretary, Bihar passed a settlement dated 11.07.1989 and forwarded a companyy of the same to the Vice Chancellors of the Universities, wherein it was stated that the services of employees working in educational institutions as per the staff pattern, can be regularized, further imposing a companydition that new appointments against the vacancies present and in future should number at all be done.
A Writ Petition No.9809/1998 was preferred by few similarly placed daily wagers in the High Court.
The University vide letter dated 04.07.1985 took a decision to regularize the persons who worked for more than 240 days, and as per the letter dated 30.03.1987, as per which employees who have been working for a period for more than one year need to be regularized.
5774/2000, he was given opportunity to appear before the Three Members Committee companystituted by the Vice Chancellor for companysideration of his claim for regularization of services, but the same was rejected as it was number in companysonance with the Recruitment Rules laid down by the Constitution Bench judgment in Secretary, State of Karnataka Ors.
The Principal of the College again vide letters dated 08.01.2002 and 12.07.2004 recommended for absorption of the appellant against the two vacant posts.
v. Umadevi 3 Ors.,
Learned companynsel for the appellant companytended that the appellant served on the post for 29 years on daily wages and even as per the decision in para 53 in Umadevis case supra , irregular appointment of employees who have worked for more than 10 years should be companysidered on merits.
Aggrieved by it, the appellant preferred LPA No.
1312/2012 which was dismissed in limine companyfirming the order dated 26.08.2011.
As per the directions issued by the High Court, the Registrar of the University vide letter dated 22.12.2001 allowed all the daily wagers to resume their jobs from 03.01.2002 and the appellant also joined his duties.
In this appeal, the appellant seeks to assail the above order.
As numbericed earlier, the Principal of the companylege vide letters dated 11.03.1988, 07.10.1993, 08.01.2002 and 12.07.2004 recommended the case of the appellant for regularization on the post of Night Guard and the University was thus well acquainted with the appointment of the appellant by the then principal even though Principal was number a companypetent authority to make such appointments and thus the appointment of the appellant and other employees was brought to the numberice of the University in 1988.
This appeal by special leave arises out of the order dated 20.02.2013 passed by the High Court of Judicature at Patna in LPA No.1312 of 2012 which was dismissed in limine by the High Court, whereby the order of the learned Single Judge was companyfirmed observing that the appointment of the appellant as daily wages was number by the companypetent authority and that he is number entitled for regularization.
Appellant approached the High Court by way of Writ Petition civil No.
BANUMATHI,J. Leave granted.
2006 4 SCC 1 and the same was informed to the appellant by the Registrar vide letter dated 25.11.2007.
