RAJ KUMAR YADAV, SON OF SRI DEO NARAYAN YADAV RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, NIRMAN BHAWAN CAMPUS, BAILEY ROAD, PATNA

JUDGEMENT

(1.) Petitioner decided to file the writ application when he felt discriminated by the respondent’s decision not to regularise his service despite working in the work-charged establishment from the year 1991. The impugned orders are Annexure-1, 1/1 and Annexure-23, annexed with IA No.8943 of 2014. By virtue of the decisions in question, the petitioner’s engagement as a Choukidar has been brought to an end with effect from 31.7.2014.

(2.) There is no dispute that the petitioner was engaged on 17.1.1991 by the Executive Engineer, Dhaka to work as a Choukidar. That engagement continued for quite some time. However, in between the petitioner was disengaged with similarly appointed persons, some of the names are indicated in paragraph 3 of the writ application. When such decision was taken, the petitioner along with others moved the High Court. The High Court intervened and petitioner continued to discharge his duty on the basis of order passed in CWJC No. 2262 of 1997. Again the same fate visited the petitioner and some others when CWJC No. 5509 of 2002 was filed and interim protection was granted. Petitioner along with others was reinstated.

(3.) Subsequently the exercise for regularisation was taken up by the respondent authorities. The respondents decided to regularise six of the persons, who were petitioners before the High Court earlier, but left out the name of the petitioner for such regularisation on the ground that petitioner’s engagement has been after 11.12.1990, the cut-off date.