STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY,; ADDITIONAL SECRETARY TO GOVERNMENT ROAD CONSTRUCTION DEPARTMENT AND THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT GOVT OF BIHAR Vs. LAKSHMI NARYAN PRASAD SON OF RAM CHANDRA PRASAD

JUDGEMENT

(1.) Heard learned Counsel for the appellants and learned Counsel for the respondent.

(2.) State of Bihar and its concerned officials have preferred this appeal under Clause 10 of the Letters Patent of this Court to assail the order dated 23.1.2006 whereby writ petition preferred by the sole respondent bearing C.W.J.C. No. 6390 of 2004 was allowed and the Secretary Road Construction Department was directed to regularize the services of the writ petitioner and give him all consequential benefits accordingly.

(3.) From the order under appeal it transpires that the writ petitioner was appointed as Assistant Engineer on ad-hoc basis in June 1987 while awaiting the out come of his having applied for such post in the Bihar Engineering Service Class-II under Road Construction and Building Construction Department under advertisement No. 93/85. Admittedly he was selected and on 14.11.1987 he was offered appointment on the post of Assistant Engineer but not in the Road Construction Department or Building Construction Department but in Water Resources Department. Writ petitioner protested by filing representation and opted to continue to work as ad-hoc Assistant Engineer in the Road Construction Department. His name was also included in a provisional gradation list of Assistant Engineer of Road Construction/Building Construction Department in the year 1989. Subsequently his name was not included in the final gradation list. There is no dispute that the writ petitioner is still working in that capacity and is being paid wages accordingly.