STATE OF BIHAR Vs. MANOJ KUMAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the State of Bihar Shri Anjani Kumar, learned Additional Advocate General who has advanced his submissions at length.

(2.) The challenge raised is to the direction issued by the learned Single Judge in the impugned judgment dated 4th September, 2017 in C.W.J.C. No. 49 of 2017 whereby the appellants have been called upon to extend the benefit of regularization to the respondent-petitioner and has quashed the order dated 4th of March, 2016 whereby the respondentpetitioner was denied his claim of regularization.

(3.) There are certain undisputed facts. A scheme of regularization was formulated by the State Government on 16th of March, 2006 which is even prior to the decision of the Supreme Court in the case of Secretary, State of Karnataka Vs. Umadevi (3), reported in (2006) 4 SCC 1. Thus, the State on its own came up with a policy of regularization and a copy of the same has been filed as Annexure-3 to the writ petition. According to this policy a one time opportunity was to be provided for regularization including Class IV (Group-D) post. The policy recites that the regularization would be against available sanctioned post. The relevant clause which is captioned as Clause 2(6) is extracted hereinunder:-