M.Y.EQBAL,J. - (1.) HEARD learned counsel for the parties.
(2.) IN this writ application the petitioners have prayed for regularisation of their services on the ground, interalia, that they have been working since 1995 on regular basis for sometime and thereafter on daily wages. The petitioner's case is that in 1993 they were initially appointed as daily wages class IV employees. In 1995 the petitioners said to have appointed on regular basis. However, the appointment of the petitioners was immediately cancelled in March, 1996. The petitioners claim to have been working on daily wages till date and, therefore, they are entitled for regularisation in the services and for payment of wages at par with the regular employees. On the other hand, the respondents' case is that the respondents of the Director have no authority to make appointment even of Class IV employees. It is stated that the appointment of Class IV post are made by the District Magistrate at the district level and it is the District Magistrate who invites application and after preparing the selection list, send the names of the selected candidates to different department as per their requirements. The respondents' further case is that by mistake the appointment letter was issued to the petitioners in 1995 but the said appointment letter was also subject to the conditions that the services can be terminated at any time without giving any notice to the petitioners.
(3.) IT can not be disputed that in all the Departments of Government of Bihar, appointment of Class IV employees are made from the district panel prepared by the District Magistrate/Deputy Commissioner at the district level. The respondents or its Director has no authority to make appointment in Class IV post. The appointment letter issued in favour of the petitioner was rightly cancelled immediately a few months after.;