ASHOK PASWAN, SON OF DOMAN PASWAN, RESIDENT OF VILLAGE BHUIDHARA, P.S. MUFFASIL, DISTRICT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant, who is the unsuccessful writ petitioner and the learned counsel for the State.

(2.) Writ petition was filed with the grievance that petitioner had been working as a Sweeper in the office of Assistant Prosecution Officer, Samastipur since 1996 on daily wages, he should, accordingly, be regularised.

(3.) Learned counsel for the appellant states that he has been working till date. He has brought to our notice another fact that he is being paid only Rs. 30.00 per day, which action is in contravention to the minimum wages as fixed by the State Government, which is above Rs. 200.00 per day. The Writ Court noticed that his appointment was not properly made and was on daily wages and, as such, directed the State to make permanent appointment giving preference to persons like the writ petitioner-appellant. Learned counsel for the writ petitioner-appellant draws out attention to the fact that he was not appointed in an irregular manner. He was appointed on a duly sanctioned vacant post and his appointment was pursuant to the directions issued by this Court in C.W.J.C. No. 2650 of 1996 wherein this Court had noted that there were large number of vacancies including the post of Sweeper, which ought to be filled up. It is pursuant thereto that the writ petitioner-appellant was selected but instead of making appointment on permanent basis he was put on temporary basis. He hardly had any bargaining capacity being hand to mouth otherwise.