LAWS(PAT)-2002-1-71

UPENDRA PRASAD Vs. STATE OF BIHAR

Decided On January 29, 2002
SRI UPENDRA PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD Counsel for the parties.

(2.) THIS writ application is directed against the orders, as contained in Annexures-9 and 10 both dated 26-9-2001 and 28-9-2001, respectively. Vide order, as contained in Annexure-9, direction was issued to terminate the services of the petitioner and others and vide order, as contained in Annexure-10, the petitioner and others have been terminated from services. A further prayer has also been made for issuance of a writ of mandamus commanding upon the respondents to treat the services of the petitioner as a regular employee and to give him the consequential benefits.

(3.) LEARNED Counsel appearing on behalf of the petitioner submitted that since the petitioner was getting a scale as a work charged employee, he is entitled to be treated at par with the employees working in the regular establishment, and, therefore, he was entitled for regularisation of his services in view of the resolution of the Finance Department, as contained in Memo No. 1344 dated 4-2-1999, which states that the posts in the work charged establishment, which are of permanent nature and is required for 12 months in the year and for long and indefinite period, will be made permanent and shall be included in permanent establishment and the employees working on these posts having one year's approved service will be included amongst permanent Government employees. In this connection, learned Counsel placed reliance upon the case of Tulsi Prasad Singh v. The State of Bihar and Ors. 2001 (3), Patna Law Journal Reports, 15, whereby and whereunder a learned Single Judge of this Court held that the statutory rule as contained in Memo No. 1344 dated 4-2-1949, being a rule framed under proviso to Article 309 of the Constitution still holds good and it is applicable to the employees of work charged establishment and the condition of services of the employees of work charged establishment is identical to those of temporary Government servants.