RAM NARAYAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to regularise the services of the petitioner as English Stenographer in the office of the Advocate General, Bihar from 7.8.1991.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the State Government by its letter dated 8.5.1991 sanctioned four posts of Personal Assistants in the pay scale of Rs. 1,500/ - to Rs. 2,700/ - for the office of the Advocate General of the State. By letter dated 17.7.1991 the Advocate General was authorised to make appointment against the four sanctioned posts on contract basis, while authorising the Advocate General to make appointment, various conditions were laid, relevant whereof are that the appointment shall be on contract basis for a period of one year at the minimum of the time scale, persons appointed on contract basis shall not belong to the cadre of Personal Assistants of the Personnel Department and shall not be considered for regularisation.

(3.) THE minute of the Additional Advocate General -I was thereafter placed before the Advocate General and he by his minute dated 6.8.1991 directed that the petitioner be appointed on contract basis for six months. Accordingly by order dated 7.8.1991 (Annexure -3) petitioner was appointed as Stenographer on contract basis for a period of six months. It was further directed that the petitioner shall be paid fixed wages for the work done by him and in case his work is not found satisfactory, same shall be terminated after giving a month&aposs notice. The Personnel and Administrative Reforms Department was informed about the appointment of the petitioner and another person as Stenographers on contract basis and the latter by its communication dated 4th of November, 1991 approved the appointment of the petitioner on contract basis. The appointment of the petitioner on contract basis was extended from time to time and the last extension was made by order dated 8.7.1998 for a period of one year from 1.3.1998 to 29.2.1999.