MOHAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these writ petitions, petitioners, who are Class III and IV employees have come up before this Court with a grievance that although they have been working till this day on different posts from 1978 to 1984, but their services have not been regularised nor they are being paid equal scale and emoluments at par to the scales available to other employees of different cadres discharging same nature of work under the same agency called, "Gandak Command Area and Development Agency" (for short, Agency). By means of an amendment petition, a prayer has also been made to restrain the respondents from terminating petitioners' services.

(2.) SHORT facts of these cases are stated hereunder. The Agency in question was established under section 3 of the Bihar Agricultural & Rural Area Development Agency Act, 1978, since last several years for various developmental and irrigational work in the area. The State Government, vide its order no. 349/CAD, dated 30th September, 1975, had empowered the respondent Agency to appoint and create posts carrying scale of the respective employees upto Rs.1600/ - per month. The PWD Code and other service regulations of the Government of Bihar were adopted by the respondent Agency for its employees working under it. Since at the relevant time, the State Government had put restrictions against regular appointment, even on sanctioned posts, the petitioners were appointed as daily -rated workmen, but against sanctioned posts.

(3.) FURTHER case of the petitioners is that at the time of appointment, their eligibility, suitability and fitness were also examined along with other candidates after advertisement of vacancies on the notice board, as well as newspaper. The petitioners, therefore, having worked continously for several years, made representations before various authorities for regularisation of their services. The Chairman -cum -Development Commissioner of the Agency, also having regard to the demand of the petitioners as also the request of the Government vide letter dated 12th November, 1987, communicated a copy of the resolutions of the Board, dated 27.2.1987, contained in Annexures 8, 9 and 10 and the subsequent decision dated 13.3.1989, giving details of sanctioned posts and employees working against such posts on daily wages. It was also requested that having regard to continuous service of daily wage employees, working against sanctioned posts, necessary guidelines be issued for their regularisation.