LAWS(PAT)-2021-8-88

SHIV SHANKAR CHOUDHARY Vs. STATE OF BIHAR

Decided On August 21, 2021
Shiv Shankar Choudhary Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) By a letter dtd. 12/2/1986 addressed to the petitioner by the Principal, M.K. College, Laheriasarai, the petitioner was appointed as sorter in the Library of the College on casual basis on payment of Rs.12.50 per day. There was no process of selection conforming requirements of Articles 14 and 16 of the Constitution of India undertaken before the said engagement. The College is a constituted unit of the said University. The post of sorter in the Library was not sanctioned. The petitioner joined the said post on the very next date i.e. on 13/2/1986.

(2.) It is the petitioner's case that the Principal of the College had intimated the University about the petitioner's engagement in the College through letter dtd. 21/1/1994 issued under the signature of the Principal of the College. The Principal also informed through the letter that post of Librarian was vacant in the College. In response to the said letter dtd. 21/1/1994, the Registrar of the University addressed a letter dtd. 29/1/1994 to the Principal mentioning that the petitioner should be allowed to continue against the post and that he would be entitled to payment on revised rate of 'daily wage'. The letter dtd. 29/1/1994 goes to suggest that as on said date, the petitioner was working on daily wage basis in the College.

(3.) It is the petitioner's case that he had approached this Court by filing writ petition for regularisation of his service, which had given rise to C.W.J.C. No. 8734 of 1995 and was allowed with a direction '.. If there is no post of sorter available other than one sanctioned post, the authorities may write to the State Government for creation of another post of sorter for accommodating the petitioner, since the petitioner is working on the post since 1986 on ad hoc basis..'.