LAWS(JHAR)-2013-9-144

UMESH RAM Vs. STATE OF JHARKHAND AND OTHERS

Decided On September 12, 2013
Umesh Ram Appellant
V/S
State Of Jharkhand And Others Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner has approached this Court for quashing of the order dated 29.7.1994 issued by the Assistant Engineer, R.E.O, Chas Division by which his services have been terminated. He has also prayed for reinstatement and regularisation of his service in view of the resolution contained at Annexure-6 dated 16.3.2006 issued by the Chief Secretary, Government of Bihar by which the earlier cut of date of 1.8.1985 for consideration of regularisation of such daily wages employees have been extended till 11.12.1990.

(3.) The petitioner had been engaged as Sectional Peon(Chainman) at Chas under the R.E.O, Works, Sub Division Chas on 1.9.1988. According to him he had completed more than 240 days in one calender year and thereafter he had been discharging his duty continuously till his services were terminated in view of the resolution dated 18.6.1993 as per which petitioner had not been engaged before the cut of date on 1.8.1985. According to the petitioner certain persons were regularised by the respondents as per Annexure-9 dated 30.12.2009 in view of the judgment rendered by full Bench of this Court in the case of Ram Prasad Singh and others passed in W.P.S. No. 6826 of 2002 and other analogous cases on 16.5.2005. The petitioner, therefore submits that his case also stands on similar footing to those persons who have been taken in regular establishment from the Work Charged Establishment. In such circumstance, petitioner has approached this Court for quashing the order of his termination passed in the year 1994 and for reinstatement/regularization of his services under the respondents.