MURLIDHAR SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant writ application is filed by the petitioners for the issuance of the appropriate writ/orders/ direction in the nature of mandamus commanding upon the concerned respondents for regularisation of the services of the petitioners, who have been working continuously against the vacant posts for more than 12 years on daily wages and also for a direction to the respondents to pay salary to the petitioners on the principle of "equal pay for equal work" besides other emoluments in the event of regularisation.

(2.) THE case of the petitioner No. 1 is that he being a literate person had applied for appointment as Store Chowkidar under the Road Construction Department of the P.W.D, Since the post was needed, the department had accepted his offer and made to join as Store Chowkidar on muster roll basis with effect from 2.1.1985 under a letter of appointment issued by the respondent No. 5 dated 2.1.1985. The petitioner No. 1 had joined his appointment in the aforesaid capacity under the Road Construction Department, PWD. Later he was transferred to Barhi and by another letter dated 3.4.1986, issued by the respondent No. 5, was asked to work as Peon though the work assigned to him was that of Store Chowkidar and even since the date of his joining, petitioner No. 1 had been continuously working under the Road Construction Department, PWD as the Store Chowkidar. The petitioner No. 2 was also appointed in the same manner as the petitioner No. 1, as Store Chowkidar at Simaria under the Road Construction Department and he was taken on muster roll basis after his appointment pursuant to the appointment letter dated 2.1.1985, issued by the respondent No. 5. The petitioner No. 2 was also employed and continue to render his services as Store Chowkidar with effect from the date of his appointment and continuously for more than 12 years.

(3.) THE petitioner Nos. 1 and 2 had also submitted their application for regularisation of their respective services on the basis of recommendations made by their immediate superiors in office to the concerned authorities of the department. The petitioners have further claimed that in the year 1983, a Committee headed by the respondent No. 2 was constituted to resolve the issue relating to regularisation of the services of the employees in the department and a resolution was taken in the light of the orders assed by the Supreme Court in Civil Appeal No. 1509 of 1987 declaring that every person should be paid on the principle of "equal pay for equal work." The corresponding order was communicated to the several departments under the respondent No. 2 for immediate action.