MANOJ KANT THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the petitioners are aggrieved by the recall of their services back to the parent employer, namely, Bihar Police Building Construction Corporation.

(2.) IT is submitted on behalf of the petitioners that by virtue of the decision, contained in Annexure 4, the petitioners were temporarily absorbed in the Government service after being declared surplus in the Corporation and their cases are being considered for permanent absorption in the Government service as is evident from Annexure 8/B and 8/C. As such, according to the learned counsel for the petitioners, the order for recall of their services back to the Corporation is bad in law and malafide inasmuch as the attempt of the Corporation is to first recall them back and ultimately terminate them from the employment as there is no work available in the Corporation. In support of this, learned counsel for the petitioners has relied upon Annexure 20 filed today along with the supplementary affidavit.

(3.) WITHOUT going into their aforementioned rival contentions, this Court finds it difficult to accept the submissions advanced on behalf of the petitioners that the order for recall of their services back in the Corporation is bad in law. Learned counsel for the petitioners has failed to show any order, whereby the services of the petitioners have ever been temporarily absorbed in the Government. All the above -mentioned annexures show that they are continuing on deputation and their cases along with the cases of others are being considered for permanent absorption.