STATE OF BIHAR Vs. ANTU PRASAD

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgment/order dated 14.5.1996, passed by learned single Judge of this Court in C.W.J.C.No. 3952 of 1996, whereby the orders dated 13.9.1995 contained in Memo No. 4394 and dated 16.3.1996, contained in Memo No. 139 issued respectively by the Deputy Secretary, Water Resources Development Department/and the Executive Engineer, Water Resources Development Department, Quality Control Division N.o.1, Patna, relating to the writ petitioners -respondents 1 to 4 herein returning their services to the Bihar State Construction Corporation Limited were quashed.

(2.) ADMITTEDLY , the writ petitioners were initially appointed on daily wage as drivers in the Bihar State Construction Corporation Limited and subsequently their services were regularised there.

(3.) IN the counter affidavit filed on behalf of respondents 1 to 4 in the writ ap -plication it was, inter alia, stated that the services of writ petitioners were regularised ignoring the seniority of other employees of the Corporation and the Government having come to learn that the claim of other senior persons have been ignored and the juniors have been regularised issued the impugned orders directing return of services of 13 employees including the petitioners to the Corporation. Further appointment in work charged establishement of the State Government after 1975 was wholly without jurisdiction as there was complete , ban on such appointment. As such after the petitioners, who were employees of the Corporation were transferred to the irrigation Department and were allowed to join in work charged establishment, their services were illegally regularised/absorbed in the said Department.