UDAY KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners in both the writ applications were working on Class III and Class IV posts as daily wages/Ad hoc basis for more than 17-18 years. Their prayer is for directing the respondent authorities of tie Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna, hereinafter referred to as the I.G.I.M.S, to regularize their services on Class III and Class IV posts. Petitioners in CWJC No. 5537 of 2009 have prayed for quashing of the recommendation of the Standing Selection Committee of I.G.I.M.S. dated 2.1.2009 (Annexure-9) and 17.2.2009 (Annexure-10) by which the case of the petitioners' for regularization of their service on the post they are working or any other Class IV vacant post have been rejected ignoring the direction of High Court in CWJC No. 5913 of 2003, on frivolous grounds.

(2.) Prayer of petitioner in CWJC No. 4668 of 2009 is for quashing of Office order contained in Memo No. 3170 dated 21.7.2001 issued under the signature of the Deputy Director (Administration) I.G.I.M.S., Patna, whereby the nature of petitioner's appointment earlier as on ad hoc basis has been converted into contract basis. Petitioner has also prayed for quashing of order contained in memo No. 5426 dated 28.11.2008 issued under the signature of Administrative Officer, I.G.I.M.S., Patna, whereby petitioner though reappointed on contract basis, but a condition has been put that it will be the last contract, not renewable in future. The petitioner's further prayer is to regularize him in the similar manner as petitioner in CWJC No. 5913 of 2003 was regularized in the similar circumstance.

(3.) Petitioners in CWJC No. 5537 of 2009 had earlier filed CWJC No. 5913 of 2003 for a direction to the respondents to regularize them on the posts they are working since 1986-1987-1988-1989 and 1990. The writ application was allowed giving direction to the respondents to regularize tie service of the petitioners in the light of the judgment of the Supreme Court and considering the fact that the petitioners were not only daily wages employees, but ad hoc appointees given a temporary status working for last 18-20 years. The Director of the Institute was directed to constitute a Committee to consider the cases of the petitioners and other similarly situated persons for their regularization and if they were otherwise found fit, having minimum qualification for the post, appropriate orders to be passed for regularization of their service. The Committee was constituted as per the direction of the Court, which discussed individual cases of petitioners and all similarly situated persons. The proceeding of the Committee was placed before the Board of Governors in its 79th meeting dated 6.2.2006 and the Board resolved that the Committee constituted by the Director should make recommendation as per the direction of the High Court and the report should be placed in the next meeting of the Board. In compliance of the decision of the Board of Governors the Committee met again and examined the history of individual cases, as per statement submitted earlier. Following was finding of the Committee in case of the petitioners: