Continuous service for regularisation requires subsisting appointment rights; interim stay after termination cannot satisfy the statute.

Section 33-B(1)(a)(i) allowed regularisation only where an appointee against a short-term vacancy, later converted into a substantive vacancy, had been continuously serving under the statutory removal of difficulties scheme. Here, the teacher's service had already been terminated, and his later continuation was only under an interim stay order, not under any subsisting right of appointment. Because the regularisation order was expressly subject to the writ proceedings and the statutory requirement of continuous service was not met, the benefit of regularisation was unavailable. The order of regularisation could not stand, and the challenge to termination succeeded.

---

---

Issues: Whether an ad hoc teacher whose services were terminated but who continued only under an interim stay order was entitled to the benefit of Section 33-B(1)(a)(i) and regularisation under the removal of difficulties regime.

Analysis: Section 33-B(1)(a)(i) contemplated regularisation of a candidate appointed against a short-term vacancy in accordance with the Second Removal of Difficulties Order, where the vacancy was later converted into a substantive vacancy and the candidate had been continuously serving the institution. The respondent's service had been terminated with effect from 30 June 1988. His continued presence in service thereafter was only by reason of an interim stay and not under any subsisting right of appointment. The regularisation order itself was expressly made subject to the writ petition, and the factual foundation required for invoking the statutory benefit was therefore absent.

Conclusion: The respondent was not entitled to claim regularisation under Section 33-B(1)(a)(i) on the basis of uninterrupted service, since the post-termination continuance under interim protection did not amount to continuous service under the statute.

Final Conclusion: The order of regularisation could not stand, and the writ petition challenging termination failed.

Ratio Decidendi: Continuance in service solely under an interim stay after termination does not amount to continuous service for the purpose of statutory regularisation of an ad hoc employee.

---