MUSLIM MIAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Municipal Corporation and learned counsel for the State. The petitioner seeks a direction from this Court to regularize his service against Class-IV post in Gopalganj Nagar Parishad. He claims that he was appointed on the daily wages post in the year 1982 and he continued as such till his removal in the year 1992. He also contends that he had earlier approached this Court by filing C.W.J.C. No. 4200 of 2008 whereby, on a prayer made by the petitioner, this Court vide order dated 3.7.2013 has disposed of the said writ application granting him liberty to approach the authority concerned by filing a writ application (sic). Pursuant to the said order dated 3.7.2013, the petitioner filed a representation before the Executive Officer, Municipal Corporation, Gopalganj on 19.8.2013. He further submits that in case of similarly situated persons, this Court vide order dated 21.5.2002 had directed the Gopalganj Municipality to frame scheme for filling up twenty-seven vacancies in Gopalganj Municipality for accommodating the daily wages workers.

(2.) Learned counsel for the petitioner submits that at least the Respondents should be directed to consider the representation filed by him which is Annexure-'5' to the present writ application.

(3.) However, on the basis of the pleadings in the writ application, I do not feel inclined to pass any order as sought for in the writ application, or by learned counsel appearing on behalf of the petitioner in course of his submission. This is not in dispute that the petitioner was disengaged in the year 1992 itself. After having been disengaged in 1992, he approached this Court first time after sixteen years in 2008. Admittedly, before approaching this Court he remained out of job for sixteen years in the Gopalganj Nagar Parishad. Secondly, there is no averment in the writ application that the petitioner was engaged against sanctioned post after complying with the requirement of Articles 14 and 16 of the Constitution of India.