LAWS(PAT)-2010-11-11

UMESH PRASAD YADAV Vs. STATE OF BIHAR

Decided On November 09, 2010
UMESH PRASAD YADAV Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners and learned Counsel for the State.

(2.) The Petitioners who are stated to be Revenue Clerks engaged on seasonal basis seek the relief for regularization.

(3.) It is submitted that they have all worked on sanctioned vacant posts, not under the orders of any Court for more than ten years and are therefore entitled to be considered for regularization in terms of paragraph-44 of the judgment of the Supreme Court in (Secretary, State of Karnataka and Ors. v. Uma Devi,2006 2 PatLJR 363). The next submission is that similar matters of regularization have been referred by this Court in more than one order to a Three Men Committee for examination of facts and therefore the claims of the Petitioners may also appropriately be referred to a Committee. The third submission is that a Government Policy Decision dated 30.1.1980 and 2.5.1992 stipulated regularization of seasonal employees who have worked for five years continuously or with intermittent breaks. The latter notification stipulates some further conditions with regard to efficient discharge of duties etc. which the Petitioners claim to fulfil.