GITA PRASAD Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard counsel for the petitioner and State.

(2.) Petitioner was engaged on daily wage w.e.f. 22.4.1985 admittedly by the Executive Engineer, National Highway Division, Barhi. He was also taken in Work Charge Establishment by the order of Chief Engineer, National Highway Division, Road Construction Department, Bihar vide letter no. 5289 dated 24.12.1985 along with two other persons. Petitioner, thereafter was again converted into a daily wager and he worked till 30.3.2011, even as per the statement made in Para 9 of the counter affidavit, when by the impugned order dated 29.3.2011(Annexure-13), he was disengaged by the order of respondent no. 5, Executive Engineer, National Highway Division, Dhanbad . The impugned order shows that petitioner had not completed 240 days of work prior to the cut off dated 1.8.1985 in terms of the resolution no. 5940 dated 15.6.1993 and the letter no.3352(S) dated 26.6.1997. Petitioner being aggrieved with the impugned order has approached this Court seeking regularization in service.

(3.) Learned counsel for the petitioner submits that one Anirudh Singh, who was also taken in Work Charge Establishment by the same Annexure-3 dated 24.12.1985, has been regularized in service by the order of Superintending Engineer, National Highway Division, Respondent no.4 dated 29.3.2012 bearing memo no. 184 (Annexure-14). It is submitted that parity has not been followed in the matter of regularization of the present petitioner.