PRAMOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These Appeals under Clause 10 of the Letters Patent have been preferred by the writ petitioners in C.W.J.C. Nos. 953 of 2012 and 2097 of 2012 against the common judgment and order dated 27th March, 2012 passed by the learned single Judge insofar as C.W.J.C. Nos. 953 of 2012 and 2097 of 2012 have been dismissed. The appellants are the Junior Engineers (Electric) employed by the respondent-Bihar State Electricity Board (now Bihar State Power Holding Company) (hereinafter referred to as 'the Board'). Pursuant to the Job Contract Notice No. 1 of 2006 published in January 2006, the appointment was made for a period of six months on consolidated pay of Rs. 8,000/-. After expiry of the said period of six months, the appellants were again engaged for further six months. After expiry of the second term of six months, the appellants claim that they have been continued as Junior Engineers without interruption till the employment notice was issued in November 2011.

(2.) Feeling aggrieved by the Employment Notice No. 7 of 2011, the appellants approached this Court under Article 226 of the Constitution in above writ petitions to challenge the Employment Notice No. 7 of 2011 and to claim a right to regularization in service of the Board.

(3.) The petitions were contested by the Board. According to the Board, the appellants were selected only for temporary appointments. The temporary appointments made on contract did not create a right to employment unto any of the appellants. The appellants had, at the time of contractual appointment in 2007, given undertaking to the Board that the appellants shall not claim a right to employment in the Board by virtue of the temporary appointment made on contract for a period of six months.