KARTIK LAL SON OF LATE MAKSUDAN SAH Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH

JUDGEMENT

(1.) Heard Sri Banwari Sharma, learned Advocate, along with Sri Shiv Kumar, Advocate for the appellant, Sri Sunil Kumar Singh for the Indira Gandhi Institute of Medical Science (respondent no. 3 & 4) and Sri Binay Kumar Pandey, learned advocate for All India Institute of Medical Science (respondent no. 2).

(2.) The appellant in the present case is aggrieved by the order dated 21.01.2014 passed in CWJC No. 891/2014 by a learned Single Judge of this Court whereby the learned Single Judge has been pleased to dismiss the Writ Application preferred by the present appellant.

(3.) The case of the appellant is that he was engaged as a daily wager on a vacant and sanctioned post of Laboratory Attendant (Grade-II) and was getting salary on daily wage basis pursuant to letter no. 3516 dated 03.10.1997 issued under signature of the Chief Administrative Officer, IGIMS, Patna (Annexure-1 to the writ application) . The appellant's name along with some other daily wagers were examined for purpose of regularization as the Hon'ble High Court in CWJC No. 5913/2003 directed the authorities to consider the case of the petitioners in the said Writ Application and to decide their suitability for the concerned job. The Standing Selection Committee, on going through the qualification / experience, fitness, reservation and sanction of post, recommended regularization of total 10 petitioners of the writ out of 18. An Office Order bearing no. 1593 dated 25.03.2009 has been enclosed as Annexure-2 showing that the name of the petitioner appears at Sl. No. 5 in the list of 10 persons who were regularized with immediate effect on Class III & IV posts and in the pay scale mentioned against their respective names. A perusal of Annexure-2 would show that this petitioner being a reserved category candidate was regularized against the Group 'D' post of Laboratory Attendant (Grade-III) in the pay scale of Rs. 2650- 4000/-.