RAJ KUMAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dated 6th December '96, whereby and whereunder, his claim for regularisation of his service against the post of Choukidar has been rejected by the Respondent, Rural Engineering Organisation (R.E.O. for short), Bhojpur at Arrah.

(2.) THE case of the petitioner is that he was engaged on daily wage basis in pursuance of advertisement in the office of Superintending Engineer, R.E.O., Bhojpur to perform the duty of Choukidar. He continued to function and his name was recommended on 27th December '90 for regularisation of his service. The Chief Engineer, R.E.O., Patna vide letter dated 3rd July '92 asked to produce the list of daily wage employees which was forwarded on 1st August ' 92. Therein, the name of petitioner was reflected but no order of regularisation was made. On the other hand, the service of the petitioner was terminated on 1st December '94 from the retrospective date, while juniors like Bhanu Pratap Singh and Jagdish Prasad were retained and regularised in the services.

(3.) ACCORDING to the petitioner, he is eligible for appointment against Class - IV post and entitled for regularisation of his service, persons junior to the petitioner having regularised. Reliance was placed on Circular No.3955 dated 3rd April '90 issued by the State from its Personnel and Administrative Reforms Department, in support of claim for regularisation, he having worked for more than 240 days. The counsel also placed reliance on a decision of this Court reported in 1995(2) P.L.J.R.735.