RAMESH CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondents.

(2.) This writ petition has been filed for quashing of order dtd. 12/2/2019 bearing Memo No 218 passed by the Secretary, Public Health and Engineering Department (for brevity, PHED) rejecting the petitioner's claim for absorption in the regular establishment. The petitioner has also sought issuance of directions upon respondents to consider and absorb him in service on a Class IV post from a date when others, similarly situated/junior persons to the petitioner, have been absorbed.

(3.) The admitted facts, which emerge from the pleadings are that the petitioner has worked as a daily wages employee in the PHED in Saharsa Circle in between 1987 to 1989 and from 1989 to 1991. Petitioner was disengaged on 10/2/1991. In light of certain orders passed in SLP (C) No 4625 of 1993, the petitioner was again taken in the daily wages establishment. Subsequently, in compliance of order dtd. 14/1/1997 passed by the Hon'ble Apex Court in SLP No 199 of 1993 and SLP No 4625 of 1993, services of the petitioner have been terminated under Office Order No 5, contained in Memo No 52 dtd. 17/3/1998 issued under the signature of the Superintending Engineer, PHED, Saharsa Circle, holding the engagements of the petitioner to be illegal. The same was assailed by the petitioner in CWJC No 8954 of 2000 which was dismissed on 14/9/2001.