DILIP SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application prayer made by the petitioners is to direct the respondents to regularise their services to the posts of Peon, a class IV service.

(2.) IT is the stand of the petitioners that by memo no. 321 dated 1.4.1984 (Annexure -1) they were appointed to the posts of Peon on daily wages. In support of their claim they have also placed on record Letter No. 95 dated 23.1.2001 (Annexure - 3) which states that the petitioners are working as daily wage employees. They have also placed on record Letter No. 360 dated 16.2.1999 (Annexure -5) in which the Chief Engineer is purported to have recommended to the State Government for regularisation of services of the petitioners.

(3.) COUNTER affidavit has been filed on behalf of the respondents and they have categorically stated that letter of appointment (Annexure -1), letter dated 23.1.2001 (Annexure -3) and letter dated 16.2.1999 (Annexure -5) are forged documents. Copy of the counter affidavit was served on the counsel for the petitioners on 5.4.2002. Thereafter the matter was taken up on 11.4.2002 and at the request of the learned counsel for the petitioners four weeks time was granted to file reply to the counter affidavit. No counter affidavit has been filed.