SURENDRA TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been filed against the order of the learned Single Judge dated 6.11.2006 whereby C.WJ.C. No. 8927 of 2005 has been dismissed.

(2.) THE facts as emerging from the material produced by the learned counsel for the appellant in the writ petition are that the petitioner -appellant was appointed as a daily rated worker on 10.11.1986 on the daily wages of Rs. 15.85 P. and was asked to work as Mali under the Block Development Officer, Tarari. It appears to be a case of appointing a daily rated workman for a particular purpose as per annexure -1 the letter of his appointment. Thereafter by order dated 3rd March, 1987, at the request of the petitioner appellant, he was deputed as a daily rated workman as night watchman. It further appears from the material on record that since his services were not required, he was discontinued from the employment with effect from 31st May, 1988. It further appears from the material on record that the Block Development Officer vide his report dated 24.1.1994 has acknowledged the fact that the petitioner -appellant has been working in the office of the Block Development Officer from before and he was not disengaged. It further appears that the appellant was paid his remuneration till 31.5.1988 and the Block Development Officer requested the Deputy Collector to pay the due wages to the petitioner -appellant.

(3.) THEREAFTER the petitioner appears to have filed C.WJ.C. No. 5954 of 1995 raising his grievance about not allowing him to discharge his duty and non -payment of his salary since 1.6.1988. The said petition was disposed of on 3.1.1996 with a direction to the petitioner -appellant that he may make a representation before the Collector.