MEHILAL BAITHA SON OF PRAN BAITHA RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The challenge in the present appeal under Clause-X of the Letters Patent of Patna High Court is to the order dated 8th May, 2012 by which C.W.J.C. No. 6968 of 2012, filed by the appellant has been dismissed.

(3.) The appellant claims that he was appointed on daily wages as a Cook in the year 1986. Thereafter, he represented to the authorities to appoint him on a regular basis on the vacant post of Cook in the Inspection Bunglow at Chenari where he was working. The matter having been considered at various levels, ultimately by order dated 31.03.2010, the appellant along with other daily wage employees were removed from service. The appellant assailed the said order in C.W.J.C. No. 8479 of 2010 and by order dated 23.03.2011, a Single Bench of this Court disposed off the writ petition with a direction to the authorities to consider his case in terms of observations of the Constitution Bench of the Honourable Supreme Court in the case of Secretary, State of Karnataka Vs. Uma Devi (3), (2006) 4 SCC 1 . In pursuance of the said direction, the concerned Executive Engineer passed order contained in Letter No. 85 dated 03.03.2012 rejecting the claim of the appellant for absorption of his service on the post of Cook. The appellant again moved this Court in C.W.J.C. No. 6968 of 2012 and dismissal of the writ petition has given rise to the present Letters Patent Appeal.