STATE OF BIHAR Vs. SANJAY KUMAR

JUDGEMENT

(1.) The State of Bihar are the appellants in the Letters Patent Appeal against the order of the learned Single Judge dated 17.09.2013 passed in CWJC No. 7335 of 2011.

(2.) The writ was filed by the private respondent seeking a direction of compassionate appointment on account of death of his father, who was working as Gardener under the appellants. The learned Single Judge, based on a decision of an earlier Single Judge, passed in CWJC No. 16060 of 2004, decided on 03.05.2007, allowed the writ holding that if a work charge employee worked for a period of 12 months or more, he becomes a regular employee automatically.

(3.) Learned Additional Advocate General No. 4 submits that not only the order of the learned Single Judge decided in the year 2007, which was the case of Subhash Paswan v. State of Bihar, was based on an erroneous understanding of the scheme, which led to yet another erroneous decision by the learned Single Judge whose order is appealed against. This submission has been made in view of various decisions of this Court, especially of bigger strength. One of the earliest judgment of a Full Bench in this regard is the case of Durga Nand Jha v. The State of Bihar, reported in 2007 (4) PLJR 259.