BIHAR RAJYA SINCHAI VIBHAG Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to regularise the services of the members of the petitioner&aposs Union on completion of five years service.

(2.) SHORN of unnecessary details, facts giving rise to the present application are that the petitioner is a registered Union of the employees of the Irrigation Department of the State Government. It is its stand that Gauge Readers were appointed on daily wages in work charge establishment from time to time and by resolution dated 22.12.80 (Annexure -1), State Government had decided to regularise the services of those employees working in the work charge establishment continuously on completion of five years after 1.4.77 but by orders dated 8.10.91 (Annexure -3) and 30.9.92 (Annexure -4), services of the Gauge Readers have been regularised with effect from 22.10.84, although they had completed the term of five years prior to the said date.

(3.) MRS . Anjana Mishra appearing on behalf of the petitioner submits that in view of the resolution of the State Government dated 22.12.80 (Annexure -1) the services of employees of the work -charge establishment were to be regularised on completion of five years and hence regularisation of the services of Gauge Readers from 22.10.84 is illegal. J.C. to G.R IX, however, submits that according the resolution, referred to above, five years experience is required to be completed after 1.4.77 and according to the resolution itself services were to be regularised on availability of regular vacancy and in that view of the matter Gauge Readers did not had the right for regularisation of their services on completion of five years period.