DAYANAND SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN all these writ petitions, the grievance of the petitioners and the stand of the State are common and, as such, with consent of the parties, they have been heard together for final disposal by this common order. Page 1733

(2.) IN all these writ petitions, the petitioners, who were daily wagers since prior to 1.4.1985. are aggrieved by their retrenchment.

(3.) FURTHER case of the petitioners is that the State Government, vide its resolution dated 18th June, 1993 (Annexure 4 to C.W.J.C. No. 16099 of 2001) decided to retrench all daily wagers engaged after 1.8.1985 and with respect to those who, completed at least 240 days of their engagement prior to 1.8.1985, the State Government decided to give them preference in the matter of appointment in regular service if other conditions are identical. Undisputedly, these petitioners were working till their retrenchment in the vear 2001-02 and some are still continuing by virture of interim order passed by the High Court. Later, by another Government resolution dated 10th May, 2005 (Annexure A to the supplementary counter affidavit filed on 16.8.2005) the cut-off date was extended from 1.8.1985 to 11.12.1990 and a committee, comprising five Commissioners/Secretaries of the Government of Bihar. such as, the Finance Commissioner, the Commissioner and Secretary, Water Resources Department, the Commissioner and Secretary, Labour. Employment and Training Department, the Secretary. Law Department, and the Secretary, Personnel and Administrative Reforms Department, was also constituted to frame scheme for removal of the difficulties in the matter of absorption of such daily wagers. The said committee was to be headed by the seniormost officer and the Secretary, Personnel and Administrative Reforms Department was made convener. Apart from the aforementioned scheme, the committee was also required to consider the cases of such daily wagers who were engaged up to 11.12.1990 and later removed in the light of the Government resolution after August, 1993 for regularisation. The committee was required to submit its report within three months. The resolution dated 18.6.1993 was accordingly modified.