RAMJAN ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the State as also for the Accountant General.

(2.) The Petitioner is aggrieved by the order dated 28.8.2009 upholding an order dated 14.7.1993 cancelling his regularization done on 16.5.1991 with retrospective effect after his superannuation on 31.12.2007.

(3.) It is the case of the Petitioner that he was initially appointed in the work charged establishment on 16.1.1970 under the Executive Engineer, Tenughat Dam, Division No. -IX. It is his further case that the Respondents took a decision on 20.8.1981 for regularization of such work charged employees who had completed five years in that capacity. In pursuance thereto, the Petitioner was one of the 14 persons regularized by order dated 16.5.1991 under the pen of the Chief Engineer. At Serial No. 7 of the order stood one Shri Yogendra Mishra who was also an Assistant like the Petitioner. Upon superannuation the Petitioner claims to have been paid part of the G.P.F. amount alongwith Leave Encashment and Group Insurance. When provisional pension, D.C.R., gratuity etc. were not being paid, he filed C.W.J.C. No. 9090/08. This Court disposed the application to consider his representation. The Petitioner's representation was rejected by the impugned order dated 28.8.2009. The Petitioner was never communicated any order dated 14.7.1993 cancelling his regularization. It is lastly urged that the Petitioner has been subjected to hostile discrimination. The aforesaid Shri Yogendra Mishra, who was regularized alongwith the Petitioner, was also visited with cancellation of his regularization by order dated 14.7.1993, but has unconditionally been regularized again by order dated 24.6.2004 with recommendation for regularizing any absence etc.