SAHDEO PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This is the second round of battle initiated by these two Petitioners seeking regularization under the Respondents who were working as contingent menials. Earlier CWJC No. 2834 of 1994 was filed by the Petitioners alongwith one Sunil Kumar Chatterjee seeking similar kind of direction upon the Respondents and that writ application was disposed of on 27.3.1995. The said decision is Annexure-10 to the writ application. The issue has been discussed by learned Single Judge and sum outcome of the said decision is that there was a kind of cut-off date i.e. 2.5.1991 for considering the case of such persons who were engaged as daily wagers for regularization. Prior to the said date another aspect which has emerged is that there were 252 posts available in Class-IV category which was required to be filled up by regularization of persons similarly situated.

(3.) When the earlier writ application was filed the position stood that 226 persons had already been regularized and only 26 posts were left to be filled up from the persons available seeking regularization. The High Court did record that cut off date i.e. 2.5.91 may not be strictly adhered to, if there were posts available which were required to be filled up and if there were persons available who came within the zone of consideration based on their seniority even beyond 2.5.91.