SAYED NAQUI IMAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) PETITIONER's prayer in this Writ Application is for a direction to absorb his services in the joint cadre of Assistant of the Secretariat and its attached Offices and to fix his seniority in that cadre as per rule 14 (2) (c) of the Assistant of the Secretariat and Attached Offices Joint Cadre Rules, 1992. He has also prayed for a direction to make payment of arrear of salary after his absorption in the joint cadre of Assistant.

(3.) CONSIDERING the pleadings of the parties, it is apparent that petitioner was never appointed as Assistant, following the procedure and Rules. His first appointment as an Assistant was on temporary basis, considering the exigencies in the Commission. After working for 09 months, he was retrenched. On the next occasion, he was reappointed on the post of Routine Clerk, but again re-retrenched on dissolution of Enquiry Commission. On the third occasion, he was absorbed in the light of Government's policy decision regarding absorption of retrenched employees. In the light of this policy decision, petitioner was adjusted against the same post, from which he had been retrenched, i.e., on the post of Routine Clerk. Petitioner's claim that his name should be included in the joint cadre of Assistant has got no merit. Accordingly, it is dismissed.