LAL CHAND MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners came to this Court in C.W.J.C. No. 7800 of 1999 with a claim for regularization/absorption on the post of Dresser in the Home (Jail) Department of State Government. The writ petition was instituted on 13.8.1999. Their services were terminated thereafter on 30.10.2004. The petitioners challenged the same by an amendment.

(2.) THIS Court by judgment and order dated 11.1.2005, in the facts and circumstances of the case, held that it was not a case of an illegal appointment through the backdoor. They were appointed on temporarily created posts, which was extended from time to time. The petitioners thus worked for nearly 14 -15 years before their termination. In the year 1997, 40 posts of Dresser had been sanctioned. Recommendations have been made on 18.8.2004 for their absorption. The petitioners acquired expertise on the job over years. In the aforesaid background, the order of termination was set aside. They were directed to be "paid their arrears of wages. The matter was remanded to take a fresh decision on the issue of their regularization/ absorption in view of the availability of sanctioned posts and the Government decision dated 14.8.1997 to fill up the same first by absorption and then only make fresh recruitment.

(3.) THIS Court has heard learned Senior counsel Sri Ganesh Prasad Singh on behalf of the petitioners and the learned Advocate General on behalf of the opposite parties.