SHILA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed seeking direction to the respondents not to terminate the services of the petitioner and a further direction to regularly pay her salary.

(2.) This writ petition was filed on 12.9.89. On 17.4.90, it was admitted for regular hearing. No interim order was passed. In view of the fact that the writ petition was filed in the wake of apprehended termination of service in the light of the letters of the Water Resources Department, I wanted to know from the Counsel whether any letter of termination has been issued during the pendency of the case. Counsel replied in the negative. This writ petition accordingly has been heard on the assumption that the petitioner is still continuing in the service.

(3.) From the facts stated in the petition it appears that the petitioner was engaged as Sweeper by the Executive Engineer, Design Division No. 4, Patna, on a consolidated salary of Rs. 75.00 per month on casual basis on 17.4.80. The said engagement came to an end on 30.4.80. On 8.5.81 a fresh order was issued by the Executive Engineer, Quality Control Division No. 2, Patna appointing the petitioner as a part time Sweeper on the consolidated salary of Rs. 75.00 per month. On 24.6.82 she was appointed in the regular scale of Rs. 350-425 by the Chief Engineer, Design and Research, Irrigation Department, Patna, in the regular establishment of the Water Resources Department. The said order, however, was not given effect to and on 19.7.82 another order was issued by the Superintending Engineer, Water Science Circle, Patna, appointing her as part time Sweeper on consolidated salary of Rs. 60.00 per month with effect from 1.7.82. However, a fresh order was issued by the Executive Engineer, Canal and Canal Construction Design Division No. 4, on 27.12.82 again appointing the petitioner on consolidated salary of Rs. 75.00 per month. The petitioner has continued to work on the post uninterruptedly thereafter.