JAGDISH PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these writ applications involve common issues of law and facts and hence they have been heard together and are being disposed of by a common order. The challenge by the petitioners to orders of termination of their services passed by a common set of respondents raises a vexatious question as to validity of regularisation of adhoc/daily wage employees and issues of equity due to long lapse of time since initial appointment and regularisation.

(2.) BEFORE noticing the common features and admitted facts in these cases it will be useful to notice the details of appointment of individual petitioners in the service of Bihar Rajya Sahkari Bhoomi Vikas Bank Ltd., Patna (hereinafter referred to as the Bank). The sole petitioner in CWJC no. 1118/2001 was appointed on 4.9.1981 on the post of Field Officer, on adhoc basis for six months. The tenure of Such adhoc service was extended from time to time and his service was regularised on 6.10.1987 w.e.f. 1.2.1987. The sole petitioner in CWJC no. 1120/2001 was appointed as an Assistant on daily wages on 4.9.1981. He continued as such till his service was regularised vide order dated 18.4.1987 w.e.f. 1.2.1987. His termination is on additional ground that he was overage by about one year and four months. Petitioner in CWJC no. 1371/2001 was initially appointed as a Typist on 3.5.1976 for a period of six months on purely temporary basis. He was re -appointed on daily wages on 17.9.1980 and thereafter appointed in regular pay scale of Assistant, on temporary basis on 31.12.1982. In their counter -affidavit the respondents have treated the date of appointment of this petitioner as 3.12.1982. His termination is also for an additional ground that he was overage by about seven years in December, 1982. In CWJC no. 1634/2001 there are three petitioners who were appointed as Field Officers on adhoc basis on 1.9.1981, 2.5.1981 and 7.5.1981 respectively. They continued in service as such adhoc employees till their services were regularised by order dated 6.10.1987 w.e.f. 1.2.1987. In their cases also the termination is on additional ground that they were overage by one month eleven days, three months six days and three days respectively. In CWJC no. 2059 of 2001 the petitioner was appointed as Field Officer on adhoc basis on 4.9.1981. The initial period of six months was extended till his service was regularised on 6.10.87 w.e.f. 1.2.1987. In CWJC no. 3573/2001 the sole petitioner was similarly appointed on the post of Field officer on adhoc basis for an initial period of six months on 24.8.1981. His service was also extended from time to time till he was regularised vide order dated 6.10.1987 w.e.f. 1.2.1987. His termination order also mentions, as an additional ground for termination that he was overage by 7 years, 5 months and 21 days.

(3.) THE common facts which for the sake of convenience have been taken mainly from the records of CWJC no. 1118/2001 disclose that the Bank was established in the year, 1957 as a Society registered under the provisions of Bihar and Orissa Co -operative Societies Act, 1935 (hereinafter referred to as the Act). Initially the name of the Society was Bihar State Co -operative Land Mortgage Bank Ltd. Patna which was subsequently changed to its present nomenclature. The Bank is governed by its Bye Laws and the relevant provisions of the Act. Under the Bye Laws the Registrar, Co -operative Societies or a person especially appointed by the State Government shall be the trustee for certain purposes specified in the Bye Laws mainly relating to the fiscal business of the Bank. The Board of Directors or the Board has been vested with powers under the Bye Laws and such powers include the power to regulate, from time to time the strength of Bank staff and their salaries, allowances and service conditions. The Board also has the power to appoint, suspend, remove and exercise disciplinary control over officers and staff of the Bank in accordance with rules of business framed by the Bank with the approval of the Registrar, Co -operative Societies. The Bank framed rules for direct recruitment to the cadre of peon/LDC/Supervison etc. and those rules were approved by the Registrar, Co -operative Societies, Bihar in June, 1970 as appears from Annexure -2 to the writ application.