LAWS(PAT)-2016-3-91

THE STATE OF BIHAR Vs. NAWAL KISHORE CHOUDHARY

Decided On March 11, 2016
THE STATE OF BIHAR Appellant
V/S
Nawal Kishore Choudhary Respondents

JUDGEMENT

(1.) The State is aggrieved by the judgment and order dated 13.04.2012 passed in C.W.J.C. No.975 of 2012, whereby the writ petition filed by the sole contesting respondent was allowed with a direction to the respondents/appellants/State to pay full wages to the writ petitioner/respondent for the period 01.06.2002 to 28.11.2006 when he was absorbed.

(2.) We have heard Mr. D.K. Sinha, learned AAG-2 in support of the appeal and learned counsel for the private-respondent, who was the writ petitioner and find no reason to interfere in the matter.

(3.) It is not in dispute that the petitioner/respondent was initially a daily wager. He was then taken into work charge establishment sometime in the year 1988. He was working in the work charge establishment and receiving his full remuneration. Accordingly, on 03.04.2002 orders were passed for his reversion to the status of daily wager, which was challenged by him by C.W.J.C. No.5254 of 2002 wherein an interim order was passed on 25.04.2002, restraining the State from giving effect to the reversion order. It is also not in dispute that the interim order was passed, the reversion order has not been given effect and it was only given effect on 01.06.2002.