BHIMSEN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner No. 1 was engaged as a Daily Wager with effect from 1.1.1988 to discharge the duties and functions of Chaukidar in the Office of the Executive Engineer, Rural Engineering organisation Deoghar and Petitioner No. 2 was also engaged as a Daily Wager to discharge the duties and functions of a Roller khalasi since December, 1987 and received their wages. In support of these averments the petitioners have annexed the copies of the letters dated 14.9.1989 and 30.1.1990 as Annexures '1' and '1/A' issued by the Executive Engineer, Rural Engineering Organisation, Deoghar and the alleged recommendation made by the Junior Engineer dated 30.1.1990.

(2.) According to the petitioners. Petitioner No. 1 made a representation on 9.11.1992 which was recommended by the Executive Engineer for regularisation of his services. The Executive Engineer further recommended by his letter No. 916 dated 16.10.1993 for regularisation of the services of Petitioner No. 1. Petitioner No. 2 in the meanwhile continued to discharge his duties and functions as Roller Khalasi.

(3.) It further appears that the Superintending Engineer. Dumka by his letter No. 717 dated 31.7.1995 (Annexure '4') adjusted the petitioners in the Work Charge Establishment against the post of Roller Driver in the scale of pay of Rs. 950 -1500/ - and it further appears from the said letter that the appointment/adjustment of the petitioners were purely temporary and could be terminated at any time without prior notice. In pursuance of the said letter dated 31.7.1995 (Annexure '4'), according to the petitioners, they joined their posts and had been discharging their duties regularly but to their utter dismay their services were terminated vide letter No. 374 dated 11.9.1995 issued by the Executive Engineer. Rural Engineering Organisation Division, Deoghar, Respondent No. 5 In view of the directions of the Superintending Engineer, Rural Engineering Organisation Circle, Dumka, Respondent No. 4 contained in Annexures '5' and '6' respectively.