LAWS(PAT)-1997-3-18

AWADHESH RAM Vs. STATE OF BIHAR

Decided On March 10, 1997
Awadhesh Ram Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS writ application has been filed to treat the petitioner as a Government employee and to extend all the benefits as also to make payment of emoluments, as available to government employees.

(2.) IT appears petitioner was initially serving as Mounted Police at Arrah. Later on the basis of a recommendation of the Bihar Sub -ordinate Service Selection Board, he was appointed against the post of Extension Officer under the Rural Engineering Department (Industries and Commerce).

(3.) THERE is no dispute that petitioner joined the said post on 16.12.1992 and started receiving salary. But subsequently as would appear from Annexure -3 dated 21.4.1994, the District Magistrate in compliance of the order of Rural Development Department vide letter no. 8396 dated 6.10.1993, as also in partial modification of the other letter of that department, bearing no. 252 dated 9.2.1993, treated petitioner's appointment under District Rural Development Agency with effect from 16.12.1992 itself. Undisputedly prior to aforesaid letter, petitioner was being treated as Government employee. There is no dispute that after 16.12.1992, till this day petitioner has been getting salary from the district Rural Development Agency and for all practical purposes he is being treated as an employee of that department.