BRAMDEV PRASAD, S/O SRI RAM BHAVAN SINGH RESIDENT OF VILLAGE CHAKPAKAULI, P.O. ANDA, P.S. PHULWARISARIF, DISTRICT PATNA Vs. THE STATE OF BIHAR THROUGH THE SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 26th of Aug., 2011 whereby the claim of the appellants for regularisation of their services was found to be without any merit.

(2.) The appellants were appointed as daily wager in the year 1980. In an earlier writ petition, there was a direction to consider the claim of the appellants for regularization. The same was rejected on 05.03.2005. In a writ petition filed against the said decision, the Court relegated the appellants to the remedy of departmental appeal. It is thereafter, the impugned order has been passed on 14th of Aug., 2009 finding that the appellants cannot be regularised for the reason that they were appointed unauthorisedly by the then Executive Engineer Sri Baldeo Raut.

(3.) The appellants rely upon a Circular dated 05.06.1993 to contend that all those employees, who had completed 240 days in service prior to 01.08.1985, were eligible to be considered for regularization. The said Circular was issued subsequent to the judgment of the Honourable Supreme Court in the case of State of Haryana & Ors. Vs. Piara Singh & others, reported in AIR 1992 SC 2130 .