MAHESHPRASADTHAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The grievance of the petitioners in the present writ application is that although they have been continuously in the employment in the Minor Irrigation Division, Muzaffarpur under State Government since 1980 and the services of persons even employed after them have been regularised, their services have not been regularised.

(2.) In short, the relevant admitted facts are that petitioner No. 1 has been working as Pump Operator and petitioner Nos. 2 to 4 as Chaukidars in the Minor Irrigation Division, Muzaffarpur since 1980. The said petitioners had also worked as work charge employees in the work charge establishment during the years 1973- 74 and vide order dated 31-10-83 (annexure 3) they were again brought under the work charge establishment. It is claimed that pursuant to the said orders, the petitioners joined on their respective places of appointment and started working. In course of their service in the said capacity, they were transferred from the place to another and presently the petitioner No. 1 is working as Pump Operator and the other petitioners as Chaukidars at their respective places of posting mentioned in the cause title till date.

(3.) The Government of Bihar took a police decision for regularising the services of those work-charge employees, who were appointed on or before 1-10-84 and for the said purpose a Committee was directed to be constituted vide annexure-4. It is alleged that in normal course the petitioners' services ought to have been regularised in pursuant to the aforementioned Government decision, but it has not been done. The petitioners filed representations before the Chief Engineer, North. Minor Irrigation Department, Muzaffarpur for redressal of their aforesaid grievance. The Chief Engineer, after examining the entire records of the petitioners, submitted a report to the Secretary to the Government in the Minor Irrigation Department, vide letter No. 1753-Muz. dated 28.7.94 recommending to regularise their services.. A photo copy of the said letter has been annexed as annexure-6, It is alleged that the names of the persons at serial Nos. 7 to 22 of the aforesaid report are much junior to the petitioners and their services have been regularised, but these petitioners have been left in lunch without any rhyme or reason. Out of the aforesaid persons, the persons at Sl. Nos. 20 and 22, namely, Ram Ekbal Singh and Kaushal Kishore Rai were brought in the work charge establishment along with petitioner Nos. 1, 2 and 3 vide annexure-3.