BAIDYA NATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application prayer of the petitioner is for issuance of a writ in the nature of mandamus commanding the respondents to regularise his service to the post of Chowkidar. Further prayer of the petitioner is to direct the respondents to make payment of wages for the period August, 2001 to June, 2002.

(2.) ACCORDING to the petitioner he was appointed on daily wages in the year 1986 on formation of a new division at Bhojpur, Ara, and since then he is working as Chowkidar on daily wages. According to him, the Divisional Forest Officer by his letter dated 13th September, 1990 (Annexure -1) forwarded to the Conservator of Forest the application filed by the petitioner for his appointment and requested the latter to consider the same sympathetically. The Divisional Forest Officer by memo no. 450 dated 18.7.91 (Annexure -2) wrote to the Collector that in his division two posts of Class IV employee are vacant and the work of those two sanctioned posts are being done by daily wage employees. In the said letter it was further stated that persons working on daily wages i.e. the petitioner and another employee had filed applications for their regular appointment. He forwarded the same to the Collector for consideration.

(3.) MR . Kumar Verendra Narayan appearing on behalf of the petitioner submits that the petitioner being continuously working on daily wages since 1986, his service is fit to be regularised. In this connection learned counsel has referred to the Finance Departments Memo No. 1344 dated 4.2.49 and contends that the petitioners case is covered under the said notification which, in fact, is a rule made under Article 309. of the Constitution of India. In support of his submission learned counsel has placed reliance on a judgment of a learned single Judge of this Court dated 16th August, 2000 passed in C.W.J.C. No. 6212 of 1999 (Uma Shanker Rai and Others V/s. State of Bihar and others) and my attention has been drawn to paragraph 8 of the judgment, which reads as follows: - "In terms with 1949 Rule, a post in work Charged establishment of permanent nature required for 12 months in the year and for long and indefinite period is to be made permanent and to be included in permanent establishment. The man employed on such post having one year approved service is to be included amongst the permanent Government employee. This has also been held by this Court in the case of Mahesh Prasad Swarnkar and others vs. The State of Bihar and Others."