BALESHWAR PRASAD Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Through this writ application, the petitioner has prayed for issuance of a writ in the nature of mandamus commanding upon the respondent to consider the case of the petitioner for regularising his services as has been done in the case of similarly situated daily wage employees employed in the Bank.

(2.) It is the case of the petitioner that the petitioner having been appointed as daily wage employee on a sanctioned and vacant post by the competent authority started working in the Central Co-operative Bank, Koderma since 24.1.1983 and since then he has been working as daily wage employee though during this period his services were taken on different places and wherever the petitioner did work, he did work to the full satisfaction of the authority and the authority, taking into consideration the sincerity and the competency of the petitioner allowed him to discharge the function of the Accountant in the Chatra Branch of the Central Co-operative Bank as In-charge Accountant and that some time in the year 1993 the State of Bihar took decision to regularise the services of those persons who were engaged as daily wage employees since before 1.8.1985 and pursuant to that, services of some of the daily wage employees were regularised but the case of the petitioner was not considered though he made representation at several occasions and at one point of time the Managing Committee took even decision under Annexure-11 to regularise the services of the daily wage employees but that decision was made subject to approval of the Registrar and thus it has been prayed that when the petitioner was eligible to be appointed on the post which at the relevant point of time was vacant, the authority be directed to regularise the services of the petitioner.

(3.) The respondents have filed the counter-affidavit in this case wherein it has been stated that no procedure was adopted at the time of engaging the petitioner as daily wage worker and even the post was not sanctioned.