It is further stated that on the basis of representation, dated 10.03.2004 filed by the petitioner and on the basis of resolution passed by the Board, the petitioner was engaged as Contract employee in the year 2004 and the past service rendered by her cannot be considered for the purpose of regularization, as there was a break of NMR service and as the petitioner was not in service as on 13.01.2003. therefore, the judgment passed in WP No.13450 of 1991 and batch has no application to the case of the petitioner and the petitioner cannot claim equity with that of her juniors for grant of regular scales in the last grade service. The petitioner service is being continued on contract basis from 2004 and as per the direction issued by the 2nd respondent, the remuneration for the contract service is being enhanced from time to time. The services of the petitioner cannot be regularized particularly when the petitioner is working on contract basis and her earlier service from 1991 cannot be counted in view of the break of service. It is further stated that the petitioner along with others has earlier field WP No.3300 of 2000 before this Court for relief of regularization and the said WP was dismissed for non-prosecution on 26.11.2010. therefore, the petitioner cannot be permitted to claim for the same relief of regularization and prayed to dismiss the petition.
