ARJUN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has preferred this application against the order No. 810 dated 13.7.1999 whereby and whereunder giving reference to Finance Departments Circular No. 5074 dated 20.9.1990, the Chief Engineer. Subernarekha Multipurpose Project. Jamshedpur while rejected the application of petitioner for grant of regular scale, terminated his service.

(2.) THE case of the petitioner is that he was engaged on daily wage as Jeep Driver on 11.10.1980 and was deputed to perform duty under S.D.O., Dalbhum, Jamshedpur. Subsequently, he was given appointment as Jeep Driver in the regular scale in the work charged establishment vide Office order No. 2559 dated 31.12.1985 issued by the Chief Engineer, Subernarekha Project, Jamshedpur. He was transferred to Subernarekha Canal Division, Gangudi vide Order dated 7.2.1997 and was also allowed annual increment vide office order No. 89 dated 7.2.1997 and Memo No. 828 dated 29.10.1999.

(3.) THE case was taken up on 19.9.2000 when it was brought to the notice of the Court that the State of Bihar framed condition of service in respect to work charged employees fide F.D. Memo No. 1344 dated 4.2.1949, having forced of Rule framed under Proviso to Article 309 of the Constitution of India, in view of the State Governments Notification No. 2555/3127/50 dated 15.4.1950. In terms of the aforesaid statutory Rule of 1949, if a post in work charged establishment continues for a number of years, to be taken in permanent establishment and the incumbent having more than one year of satisfactory work is entitled to be taken in the permanent establishment. Counsel for the State of Bihar was directed to obtain instruction as to why in terms with 1949 Rule, the service of the petitioner be not taken in the regular establishment of the State, having worked in work charged establishment since long.