BINOD KUMAR SINHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners, the State and for the appearing private respondents.

(2.) The petitioners are aggrieved by the order dated 26.10.2007 of the Chief Engineer (Mechanical) declining to regularize their services.

(3.) It is submitted that the petitioners are working on Class IV posts in the capacity of daily wagers in the Public Health and Engineering Department (PHED) ever since 1986-1988. The petitioners came to this Court earlier in CWJC No. 507 of 1997 for regularisation disposed on 15.5.2068 to consider their claim in light of certain orders of this Court. It is next submitted that so long as the petitioners are working on daily wage they are entitled to the minimum of the pay scale. Relying on a Government instruction of 5.3.1990 it is submitted that those who have completed 240 days on daily wages are entitled to be considered for regularisation. The respondents have arbitrarily chosen to regularise daily wagers ignoring the length of service. The petitioners are working in the capacity of daily wager even today. Three persons named in the reply to the counter affidavit at para 8 have been regularised when their names does not figure anywhere as daily wager, making them outright illegal appointees.