GUPTESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners have filed this writ application challenging an order of the Executive Engineer, P.H.E.D., Ara dated 18.7.2007, as contained in Annexure-5, by which their services have been reverted as daily wage Plumbing Khalasi from the post of regular Plumbing Khalasi.

(2.) Learned counsel for the petitioners submits that the petitioners were initially appointed as Khalasi on daily wages in the year 1982 and thereafter they were taken into regular scale of pay with all benefits. However, later on, their services were reverted to daily wages which they challenged before this Court in CWJC No. 7359 of 2002*. The said writ application, alongwith large number of other writ applications, was taken up by a Division Bench of this Court and disposed of by a judgment, a copy whereof is Annexure-3. By this judgment, this Court directed the respondents to constitute a high powered committee of three Secretaries for scrutiny of service conditions of all the petitioners in the light of the judgment of the Constitution Bench of Apex Court in the case of Secretary, State of Karnataka V/s. Uma Devi(3), 2006 2 PLJR(SC) 363. It is submitted that thereafter petitioner's cases were considered by the Committee and it recommended for absorption of the petitioners in regular establishment, vide Annexure-4. However, subsequently, in the light of some directions of this Court passed in a contempt application, the list was revised and the petitioners were reverted to the post of daily wage Plumbing Khalasi by the impugned order.

(3.) Counter affidavit has been filed in the case. It is stated that on account of orders of this Court list had to be revised and it was found that since the vacancies were not available and their seniors have already been adjusted against the available vacancies, petitioners were reverted to the status of daily wagers.