NAVAL KISHORE VIDARTHI ETC. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SINCE common question of law and facts are involved in both the writ applications, they have been heard together and are disposed of by this common order.

(2.) THE petitioner of WPS No. 2638/ 2002 was taken in service by the respondents in the year, 1981 and was absorbed in the work charged establishment in 1987. Petitioner of WPS No. 2732/2002 was appointed in the work charged establishment in the year 1990. They seek a direction for regularization of their services and for payment of salary which is due since December, 2000. 2. Petitioners case is that they have been working since June, 1981 on muster roll basis in the Rural Engineering Organization, Ramgarh Sub -Division on the post of Night Guard. In 1987, as per the Government order No. 55 dated 11.11.1987, the petitioners along with other persons were absorbed in the work charged establishment. The service book of the petitioners was opened and provident fund is being deducted for the last 14 years. It is alleged that although similarly situated persons juniors to the petitioners have been regularized but the case of the petitioners has not been considered.

(3.) IN Piara Singhs case (supra) their lordships observed that merely because the work charge establishment employees worked for 4 -5 years, no right is created for regularization of their services. In Purushottams case (supra) a question with regard to seniority came for consideration before the Supreme Court in respect of the employees under work charged establishment absorbed in regular cadre.