RAM SUMRAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the state.

(2.) THE petitioner claim to be working on Class -IV 'post in the Collectorate at Begusarai from 1982. onwards as "Umidwar on". The significance of the nomenclature given to the petitioners cannot be lost sight of. Such appointments were made under a spoils system by which a Government functionary doled out Government employment as a private fiefdom. Be that as it may, an advertisement was published on 23.10.2006 inviting applications for appointment and selection on Class -IV post in the Collectorate. A panel is stated to have been prepared on 12.7.2008 in which names of the petitioners does not find place. The submission is that the panel is tentative and certain persons have been included in the panel on the ground that they have completed 240 days of service as "Umidwar Peon". The petitioners have also completed 240 days and have thus been discriminated.

(3.) THE law stands well settled by the Supreme Court in (2005)2 SCC 470 and (2007)6 SCC 207 that completion of 240 day is not a ground for regularisation in law as regularisation is not a mode of appointment. Therefore, if there are any who have been empanelled simplicitor on that basis alone, the State authorities are directed to act strictly in accordance with law laid down by the Supreme Court as noticed above.