RANDHIR KUMAR RAMAN Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned counsel for the respondent-State.

(2.) It is submitted by the learned counsel for the petitioners that the petitioners were appointed in temporary capacity as Jail Wardens in the year, 1984. He submits that all other persons, who have been appointed in 1984 and who are similarly situated as the petitioners, were regularized against the sanctioned vacant post on directions of the Home (Prison) Department by order dated 16.01.1994. The petitioners and others have been claiming their regularization with effect from 1994. However, under various orders passed by this Court including the order dated 18.05.2012 passed in CWJC No 16376 of 2011, the regularization, in respect of other similarly situated, has been granted finally with effect from 16.01.1994. He submits that relying upon the litigation policy, the competent authority, being the Inspector General of Prison (respondent No 3) has granted the same benefit in respect of all others who had earlier been regularized under order dated 16.01.1994 bearing Memo No 193. He submits that the petitioners have, however, been left out even though they are identically situated and are entitled to similar treatment not only in terms of the order of this Court passed in CWJC No 16376 of 2011 but also in terms of the order dated 05.02.2018 issued by the Inspector General of Prison relying upon the litigation policy and the obligation upon the authorities to give similar treatment to the applicants as has been given to other similarly situated persons under orders of the Court.

(3.) Counsel for the respondent-State has relied upon the averments made in the counter affidavit to state that the petitioners have been left out since their educational qualifications were finally verified as late as in October, 2014.