SURENDRA DWIVEDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the aforesaid writ petitions were heard together as the points involved therein are same and in both the cases the main respondents are the State of Bihar, the Commissioner of Building Construction & Housing Department, Govt. of Bihar as well as Bihar State Housing Board and its authorities and hence they are being decided by this common order. In both the aforesaid writ petitions their respective petitioners have sought directions to the authorities to regularize their services with retrospective effect, give time bound promotions on the period rendered in the work as well as all the arrears of salary, gratuity and other pecuniary benefits alongwith interest.

(2.) The claims of the petitioners are that the petitioners served for a very long period and there were Government resolutions and orders whereby petitioners were entitled to regularization of their services on their respective posts, whereafter the petitioners were transferred to the Bihar State Housing Board (hereinafter referred to as 'the Board' for the sake of brevity), which is a statuary body under the Ordinance of 1972, on the same posts as regular employees.

(3.) It was further claimed by learned counsel for the petitioners that several work charge employees were regularized by the Housing Department of the Government of Bihar and their services were transferred to the Board. The petitioners were also regularized in the regular establishment of the Board, whereafter the resolution of the year 1977 was also issued by the Finance Department on the subject regarding regularization of services of work charge employees. However, although the petitioners were entitled for regularization of their services by the concerned Department of the Government of Bihar vide Resolution dated 23.10.1987 and 20.9.1990, but that has been denied by the authorities concerned.