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Judgment
Justice Kurian Joseph, C.J.—The petition is filed with the following relief:- i) That a writ in the nature of Mandamus may very kindly be issued directing the respondents to regularize the services of petitioner to the post of Beldar from the due date after condoning the break on account of illegal termination with all consequential benefits like arrears of salary, seniority etc.
The Appointing Authority has no power to condone the breaks. Whether the breaks were justified or not is to be decided only by the Labour Court/Indl. Tribunal. However the only right available to the Appointing Authority is to look into the breaks on account of absence on medical grounds supported by the medical certificate. If such certificate is available, the matter will be considered by the Appointing Authority.
It is submitted that junior to the petitioner has been regularized. In case any person junior to the petitioner, by counting the period without break of the petitioner, has been regularized, the case of the petitioner will also be considered. It is further made clear that the petitioner will be continued only in case another person junior to him has since been engaged and continued. With the above observations, writ petition stands disposed of, so also the pending application (s), if any.