PAWAN KISHORE KARN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the State.

(2.) ALL the petitioners are working as daily wage employees on class -Ill and IV posts in the Water Resources Department. Contention on behalf of the petitioners is that they were engaged on daily wages in the year 1981, 1982, 1983 and 1984. It is further contended that till date they are discharging their duties rather it has been contended that they are working on vacant sanctioned post. In paragraph -4 of supplementary affidavit a chart has been brought on record to show that other persons who were subsequently appointed, their services have been regularised, some by the order of Chief Engineer in the year 1988 vide letter no. 363 and others by order of the Superintending Engineer vide memo no. 811 dated 3.3.1988. Contention of the petitioners is that as they have also been working for such a long time, in view of policy decision of the State their services also were supposed to be regularised.

(3.) THIS court though otherwise would not have been directing the State to consider the case of the petitioners and pass an order of regularisation as the same depends on the vacancy and the requirement of work but once a person similarly situated i.e. a daily wage employee if subsequently appointed his service has been regularised then the petitioners also have to meet the same fate i.e. their case is also required to be considered and appropriate orders of regularisation from the date from which their immediate juniors have been regularised, is required to be passed.