RABINDRA NATH MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY the Court - -Heard learned counsel for the petitioner.

(2.) NO counter -affidavit has been filed. Although this Court by order dated 22.3.2001 directed the State counsel to seek instruction and file counter - affidavit.

(3.) ON the aforesaid facts, it is clear that petitioners continuously worked as daily wages employees from 1984 to 1997 i.e. for about 13 -14 years and thereafter they were observed/appointed in 1997 in class IV post and worked as such for about four years. In this way petitioners altogether continuously worked for about seventeen (17) years. From perusal of Annexure 3 it appears that while giving appointment to the petitioners against the sanctioned class IV vacant post, it was mentioned that the services of the petitioners were regularised in 1986 itself. In such circumstances. I am of the opinion that it would be highly improper and illegal to terminate the services of the petitioners, who have been continuously worked for about 17 - 18 years.