BIHAR STATE CO-OPERATIVE Vs. BASANT PRASAD SINGH

JUDGEMENT

(1.) HEARD learned Counsel for the appellants as well as the respondents in all these 15 Letters Patent Appeals which have been heard together because common issues of law are involved and employer in respect of all the writ petitioners happens to be BISCOMAUN. It may be clarified here that in the first 14 Letters Patent Appeals, BISCOMAUN is the appellant and has challenged the order passed in favour of writ petitioners who claimed regularization on various class IV posts or benefits of alleged regularization on such posts and such prayers have been allowed by the learned Single Judge. The remaining Letters Patent Appeal is by an employee whose similar prayer stands rejected by the learned Single Judge.

(2.) AT the outset it may be relevant to point out that Upendra Prasad Singh -the respondent employee in LPA No. 1017 of 1999 is said to have died on 18.11.2001 and the appellant BISCOMAUN has not taken step for substituting his heirs. In that view of the matter, the said LPA is declared to have abated on account of death of necessary respondent, the writ petitioner.

(3.) IN the case of Abadh Singh (supra), the writ petitioner had claimed regularization and its benefits on the basis of long service of 18 years as a Night Guard. The appointment suffered from alleged irregularities but the Writ Court allowed the writ petition by holding that in view of long spell of service, the ground of irregular appointment cannot survive. Hence, direction was issued to regularize the services with all monetary and promotional benefits.