JWALA PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for direction upon the respondents to consider his case for regularization of his services to the post of Laboratory Assistant with all consequential benefits, in view of the fact that he is continuously working since 1987.

(3.) The factual exposition as has been delineated in the writ petition is that petitioner was initially appointed as a Laboratory Assistant on daily wages basis, against the vacant post in BIT Sindri vide Order dtd. 1/9/1986 issued by the Director, Department of Science & Technology, Govt. of Bihar, Patna and he was posted in the Department of Electrical Engineering of the said Institute. Thereafter, considering his satisfactory work, the respondents appointed this petitioner along with one Prabhat Kumar Singh as Laboratory Assistant on adhoc basis in the Scale of Rs.758.001210, vide Office Order dtd. 23/5/1987. Since, the date of his initial appointment the petitioner is discharging his duties to the utter satisfaction of the respondent-authorities but all of a sudden, vide order 15/1/1994, the services of the petitioner was terminated on the ground of misconduct. However, the said order was passed without any show-cause or any inquiry. Thereafter, on the request of the petitioner, the government vide its notification dtd. 30/9/1995 referred the matter for adjudication. The said reference was numbered as Ref. Case No. 6 of 1995, which was heard at length and finally an Award was passed on 26/7/2005, whereby the reference was answered in favour of the petitioner. By the said Award the respondents were directed to reinstate the petitioner in service with full back wages and consequential benefits, within a period of three months from the date of pronouncement of the Award. The said Award was also tested before the Hon'ble High Court in W.P.(L). No. 2623 of 2006, which was dismissed on 5/10/2010 by a speaking and reasoned order.