HARI SHANKAR Vs. BIHAR BHAVAN

JUDGEMENT

(1.) The Bihar Bhavan in Delhi had been put up for the benefit of the officials coming down from the State of Bihar on governmental duties to Delhi. In Bihar Bhavan, in or about June or July, 1990, the post of Officer on Special Duty to the Chief Minister, the State of Bihar, was created. One Mr.H.P.Singh was appointed as Officer on Special Duty to the Chief Minister of Bihar. The petitioners were appointed on daily-wages basis to work as peons to that Officer on Special Duty for three months along with two others. The Officer on Special Duty to the Chief Minister of Bihar continued to function and, therefore, further extensions were granted from time to time to the petitioners.

(2.) . In July, 1991, the post of Officer on Special Duty to the Chief Minister of bihar was abolished by order dated the 15th of July, 1991. Consequently, the services of the petitioners, working on daily-wages basis as peons, stood automatically terminated.

(3.) . This is challenged by the petitioners on various grounds. According to the petitioners, the judgment of the Supreme Court in "State of Haryana & Others, etc. etc., v. Piara Singh & Others etc.etc.,", AIR 1992 SC 2130 would apply to the facts of this case and the order passed by the respondents is liable to be set aside. According to the learned counsel for the petitioners, the respondent No.l, the Resident Commissioner, Bihar Bhavan, had appointed, after the termination of services of the petitioners, some persons as casual labourers and, therefore, the Bihar Bhavan required persons to work as peons. Therefore, the Bihar Bhavan should have given appointment to the petitioners. According to the learned counsel for the petitioner, the Bihar Bhavan should have followed the principle of last come, first go'.