AMRENDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the first writ petition, bearing C.W.J.C. No. 10596 of 1999, the petitioners have prayed for quashing of Item No. 20 of the resolution of the Bihar State Housing Board (in short 'the Board') taken in its 187th meeting dated 27.9.1999, as contained in Annexure 5, to the effect that the work from the petitioners may be taken on contract basis with effect from 1st November, 1999 as per the need and further a direction to the respondents has been sought for to regularize the services of the petitioners against the vacant sanctioned post, on which they have been working for the last ten years without any break in service and also not to disturb them except in accordance with law.

(2.) In short, the relevant facts of the first case are that the petitioners No. 1 to 4 were appointed by the Managing Director of the Board under Section 16(iii)(a) of the Bihar State Housing Board Act, initially for a period of three months on 4.7.1989, 28.11.1990 and 5.10.1989 respectively. The services of the petitioners were duly extended after every three months and thereby they have rendered continuous service for more than ten years under the Board. According to the case of the petitioners, they have been working against the permanent vacant sanctioned posts and their jobs are perennial in nature. Out of three posts of Law Supervisors, petitioners No. 1 and 2 are working on two and likewise, against the four vacant sanctioned posts of Typist, petitioners No. 3 and 4 have been working. Accordingly, the petitioners claim to be entitled to regularization on the respective vacant sanctioned posts on which they have been working for the last ten years.

(3.) The petitioners of the second writ petition, bearing, C.W.J.C. No. 11952 of 1999, are also aggrieved by the same part of the aforementioned resolution dated 27.9.1999. and have also sought for similar relief. As such, the same has been heard along with the first writ petition for final disposal, as agreed.