MOTAI SUNDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these writ applications the petitioners have claimed regularisation of their services. Since the facts and law involved in these writ applications are same, these writ applications are disposed of by this common order.

(2.) Petitioners of CWJC Nos. 2869/99R and 2870/99R have been working since 18.3.1982 and 20.4.1982 respectively on the post of Chowkidar and Munshi. Petitioner of CWJC No. 2898/99R has been working as Clerk-cum-Typist since 1.8.1984. Petitioner's case is that the government issued a circular dated 18.6.1993 whereby it was decided to regularise the services of all the daily wages employees who were appointed prior to 1.8.1985. In pursuance of that circular respondent No. 3 Principal Conservator of Forest issued necessary direction for sending the list of all those daily wages employees who were appointed prior to 1.8.1985. Respondent No. 4, Chief Conservator of Forest, accordingly sent the names of all these petitioners to respondent No. 3 for taking necessary steps for regularisation of their services. The names of these petitioners are found in the list annexed with the writ applications. Petitioners' further case is that during the pendency of these writ applications these petitioners have been transferred in different places with a direction to the concerned authority to take necessary work from them as daily wages employees. Petitioners accordingly reported for duty but thereafter services of the petitioners have been terminated on the ground that their services were no more required.

(3.) The respondents have filed their counter-affidavit but peculiar stand has been taken that since the petitioners were not appointed on daily wages basis against any sanctioned post, the question of regularisation of their services does not arise. It is further stated in the counter-affidavit that under the Government circular one has to consider whether it is necessary to fill up the sanctioned and admissible vacant post in the interest of work or not and for filling up all the posts requisite qualifications, eligibility and experience has to be observed.