LAWS(JHAR)-2006-7-132

SALIMUDDIN ANSARI Vs. STATE OF BIHAR (NOW JHARKHAND)

Decided On July 19, 2006
Salimuddin Ansari Appellant
V/S
STATE OF BIHAR (NOW JHARKHAND) Respondents

JUDGEMENT

(1.) THE petitioners and others had moved the High Court earlier in CWJC No. 1709 of 1989, which was disposed of by giving certain directions. The said judgment has been annexed as Annexure -7 to this writ: application.

(2.) THE petitioners were engaged by the irrigation Department to work on Daily Wages as Muster Roll Employees under Irrigation Division, Nala and Jamtara in the district of Dumka on different dates in between 1980 to 1985 against various Class -IV posts of Mali, Peon, Chowkidar, Sweeper, Jeep Driver, Pump Operator etc. The main claim of the petitioners was that from the date of their respective appointment, they were working without any break.

(3.) IN the aforesaid judgment (Annexure -7) the High Court held in para -8 that undisputedly these matters require adjudication of different facts, which was not possible for Court in examines at this stage. However, it was stated that it cannot be ignored that this Court itself while disposing of C.W.J.C. No. 10224 of 1995 and its analogous cases had held that the employees working prior to 01/08/ 1985 from a different class and their cases can be considered for regularization in terms of the policy decision of the State Government dated 18th June 1993. That apart, respondent authorities have themselves regularized services or respondent nos. 13 to 96 on the ground that they were displaced persons.