- (1.) THE Secretary -cum -Inspector General of (Registration), Government of Bihar, Patna issued an order on 30th June, 2001 to terminate the services of the petitioner. In pursuance of the said order the Inspector General of (Registration), Government of Jharkhand, Ranchi terminated the services of petitioner vide impugned order dated 29th December, 2001.
(2.) THE stand taken by respondents is that the petitioner was appointed in violation of order dated 7th October, 1993 passed by the Patna High Court in CWJC No. 3868/1993, Ashok Kumar Singh and others v. State of Bihar and Ors. and in view of notice issued by the Patna High Court in a contempt proceeding. According to petitioner he was appointed after due selection and his appointment was not made in violation of the order passed by Patna High Court in CWJC No. 3668/1993.
(3.) FOR determination of the issue whether the petitioner was appointed in violation of order passed by the Patna High Court or not it is better to quote the order dated 7th October, 1993 passed in CWJC No. 3868/1993 : - - "In the High Court of Judicature at Patna CWJC No. 3868 of 1993 Ashok Kr. Singh and others v. State of Bihar and Ors. 7.10.93 Heard learned counsel for the petitioners and the State. Prayer is for direction to the respondents to regularize the services of the petitioners against class -IV posts. The petitioners claim that from 31st August, 1991 they have been working on daily wages. Their engagement was in exigency of the work of State. Since no regular appointment was possible at that time. In view of the statement made above admittedly due process of selection was not followed for any letter of appointment was issued. A counter -affidavit has been filed on behalf of the State, taking a stand that Class -IV posts in the department are vacant and, therefore, steps are being taken to fill up such posts in accordance with law. It is admitted in the interest of work as also no appointment within a short time or regular basis was possible, the petitioner were engaged to work on daily wages. In view of the stand taken by the respondents, this is admitted position that some of the Class -IV posts are vacant in the department and steps are being taken to fill up vacancy on regular basis. We, therefore, direct the Secretary, Registration Department (respondent No. 3) and Secretary to Inspector General, Department of Registration (respondent No. 4) to expedite the matter and fill up the vacancies on regular basis in accordance with law. However, so long the vacancies are not filled up on regular basis and it is considered that in the interest of work, engagement of daily wages employees is essential, in that case, preference shall be given to the petitioners to work on daily wages. But this will not make them entitled for consideration of regularization. The petitioners shall be at liberty to apply for the posts which are now going to be advertised and their case shall also be considered in accordance with law along with the other candidates. With the aforesaid direction/observation, this application is disposed of. S/d (N. Pandey) and (S.K. Singh);