STATE OF BIHAR Vs. BALMIKI RAJAK

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS Letters Patent Appeal has been preferred by the State of Bihar and its Officials against the Judgment and Order dated, 27th January, 2000 passed by the writ Court in C.W.J.C. No. 8796 of 1998 whereby the claim of the 16 writ Petitioners, who are Respondents in this appeal, for regularization of their services, was allowed in part by Ordering the concerned Chief Engineer to find out the vacancies in Class IV posts from all the Divisions/Circles under his jurisdiction and to consider the cases of the Petitioners and other similarly situated persons appointed on daily wages prior to 1st August, 1985 for their regular appointment against Class IV posts, on the basis of seniority and by giving them weightage over outsiders. A direction was also issued to relax the age required in case any of the Petitioners had become over age. The process of selection and appointment was directed to be completed within a period of six months. The writ Court granted an alternative relief to the Petitioners by Ordering that if services of any of the Petitioners is not regularized/not considered for appointment on regular basis for want of vacancy or other reasons, then they will be entitled to get wages in the minimum of the time scale of the post after a period of six months. Similar direction was also issued for payment of arrears of wages wherever found due.

(3.) ON the basis of the aforesaid Judgments and Orders of the Supreme Court in the matters of similarly situated employees of the same Department, learned Counsel for the State has submitted that the direction given by the learned Single Judge for placing the daily wage workers in the minimum of time scale of pay must be set aside and this appeal should also be disposed of in terms of the general Order of the Supreme Court dated, 30th October, 2000.