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Judgment
L. Narasimha Reddy, J.—Respondent Nos. 1 and 2 in Writ Petition No. 519 of 2004 filed this writ appeal feeling aggrieved by the order dated 14-02-2005 passed by the learned single Judge.
The 1st respondent in this appeal (for short, ''the respondent'') was appointed as a Record Assistant on 11-06-1993 in the 1st appellant - organisation and was working in the 2nd appellant - school. The 2nd appellant - institution has a library which was being maintained by a Librarian. One Mr. G. Venkata Narayana, Record Assistant was assigned the duties to work in the library. The Librarian retired in February, 1994. On 30-09-1994, the Head of the institution directed change of certain arrangements. The respondent who was attending the duties of admissions and examinations, was directed to attend the duties of Record Assistant in the school library, in the place of Sri G. Venkata Narayana. In a way, the duties of Venkata Narayana and the respondent were interchanged.
The respondent started attending to the duties in the library. The post of the Librarian remained vacant. The petitioner submitted a representation dated 12-07-1995 to the appellants with a request to convert his post of Record Assistant to that of School Librarian. He pleaded that after his being appointed as Record Assistant, he acquired the qualifications prescribed for the post of Librarian. Similar representations are said to have been made on several occasions. Through a communication dated 13-10-2003, the respondent was informed that the recruitment rules of the society do not provide for promotion to the post of Librarian, that too from the post of Record Assistant, and accordingly, his representations cannot be considered. Feeling aggrieved by that, he filed the writ petition with a prayer to declare the action of the appellants in not regularising his services in the post of Librarian With effect from 1995 as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India. The respondent pleaded that he has been discharging the functions of Librarian since 1994 and he has also acquired the requisite qualification and thereby, entitled to be regularised as Librarian.
The appellants filed a counter affidavit opposing the writ petition. They pleaded that once the substantive appointment examination section to Sri C. Satyanarayana Setty, Typist of this Institution."
One does not find even the traces of any entrustment of the duties of Librarian to the respondent. It was clearly mentioned that he shall function as Record Assistant, in the library. However, the respondent gained an impression that he is officiating the post of Librarian and the qualifications held by him are sufficient for that post. The rules which were in force at the relevant point of time did not provide for promotion to the post of Librarian. It was in the year 2004, when the writ petition was pending, that the rules were amended, providing for promotion to the post of Librarian. One of the feeder categories is LDC. The post of Record Assistant is a feeder category to the post of LDC and it is two layers below the post of Librarian.
The prayer in the writ petition is for regularisation of the services of the respondent against the post of Librarian. The question of regularisation against a post arises only when a person has been appointed on ad>hoc or temporary basis, to that post. When there is no order appointing the respondent as Librarian on any such basis, the question of his seeking relief of regularisation does not arise.
It is not uncommon, particularly in the institutions maintained by the Government that the vacancies are not filled immediately. Where the institutions are run by societies like the 1st appellant, several factors such as financial conditions, the work load become important. Obviously, because the size of the library in the school is relatively smaller and it was being looked after by the Principal with the assistance of a Record Assistant, the appellants did not take steps for filling up the vacancy of the post of Librarian. On account of such delay or lapse, a person who is looking after the works in the institution does not get any right. It is just unimaginable as to how the respondent who did not hold any post for the feeder category for the post of Librarian can think of getting promoted to, let alone regularised in that post. It is stated that in the recent past, the respondent has been promoted as Junior Assistant i.e., LDC. He has to take his turn in accordance with the Rules for, promotion to the post of Librarian. The mere fact that he worked in the library at a time when the post of Librarian remained vacant does not constitute any basis for his claim. If that is so, Sri Venkata Narayana, the Record Assistant who functioned as Record Assistant in the library, after the Librarian retired would acquire rights in preference to the respondent.
Viewed from any angle, the order of the learned single Judge cannot be sustained. The writ appeal is accordingly allowed and the order in the writ petition is set aside.
The miscellaneous petitions pending in this appeal shall also stand disposed of. There shall be no order as to costs.