JAWED NEHAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner claims to be working on daily wage and performing duty of clerk without any break since 12th February, 1982. His grievance is that the respondents have not yet considered his case for regularisation /regular appointment though persons similarly situated have been regularised.

(2.) THE case of the respondent Is that on the recommendation of a Committee of the Bihar Legislature Assembly the services of daily wages employees were regularised as clerk. All of them were engaged prior to the engagement of the petitioner. There being no vacancy left the service of petitioner was not regularised.

(3.) ADMITTEDLY the State Government has framed scheme for regularisation/regular appointment of daily wage employees who were engaged prior to 1st August, 1985 and completed 240 days of service vide Resolution No. 5940 dated 18th June, 1993. As per such scheme a daily wage employee engaged prior to 1st August, 1985 is entitled for weightage and relaxation of age, if overage.