S.J.MUKHOPADHAYA, J. - (1.) THE writ petition has been preferred by petitioner for issuance of an appropriate writ(s), direction (s) or order(s) commanding upon the respondents, particularly, 1st and 2nd respondents to forthwith regularize his service along with all consequential benefits w.e.f. 24th May, 1983/11th August, 1983 on the post of Peon i.e., the date he was initially appointed in the Legal Aid Committee and to direct the respondents to release salary in his favour due since February, 2002.
(2.) THE case of the petitioner is that he was appointed as a Peon by the Government of Bihar for Ranchi Bench of the Patna High Court Legal Services Committee by office order No. LA Initially, the Legal Aid Committee was constituted under the Bihar State Weaker Section Legal Aid Act, 1983 (for short Act, 1983), to extend free Legal Aid to the weaker section of the Society and to save them from being deprive of the 6pportunity of getting justice owing to their economic, social and other inequalities. Subsequently, the Central Government with a view to provide free and competent legal services to the weaker section of the society and to organize Lok Adalats and to promote legal system of justice came out with an Act, known as "Legal Services Authorities Act, 1987" (Act 39 of 1987) (for short Act, 1987), published in the extra ordinary Gazette of India on 4th October, 1987. Under Section 6 of the Act, 1987, the State Governments were to constitute a body known as "State Legal Services Authority" (for short State Authority) which is empowered under Section 8A of Act, 1987 to constitute a Committee for their respective High Courts, known as "The High Court Legal Services Committee". A Legal Services Committees was constituted for the main seat of Patna High Court, Patna and another, Legal Services Committee was constituted for the Ranchi Bench of the Patna High Court by the "Bihar State Legal Services Authorities". By Notification No. 3703 dated 10th September, 1998 apart from Executive Chairman, Members of the Patna High Court Legal Services Committee were appointed. Hon 'ble Mr. Justice A.K. Ganguly (as he then was) was appointed as the Executive Chairman for the Patna High Court Legal Services Committee. By separate Notification No. 14, dated 12th January, 1999 a unit of the Legal Services Committee was constituted for the Ranchi Bench of the Patna High Court as evident from the notification : - - Bihar State Legal Services Authority Budh Marg, In front of Patna Museum, Patna -800001 NOTIFICATION No. Pra -Vividh -13/98. In exercise of the powers concerned Under Section 29A of the Legal Services Authorities Act, 1987 (Act No. 39 of 1987), as received by the Legal Services Authorities (Amendment) Act 1994 (Act No. 59 of 1994) and under Rules 4 and 5 of the Bihar State Legal Services Authority Regulation, 1998 the following persons are appointed as Members of the Patna High Court Legal Services Committee, Ranchi Bench at Ranchi : - Vice -Executive 1. Hon'ble Justice G.S. Choubey Chairman Shri Ghanshyam Prasad, Registrar, Ranchi Bench of the Patna High 2. Secretary Court (a) Dr. Indu Dhan, Retd. Vice -Ohancellor Social Worker, Railway Member Colony, Ranchi (b) Shri R.R. Prasad, Retd. IAS in the field of Public Adrhinistration, Member "Punam" 456 -D, Mandir Marg, Ashok Nagar, Ranchi (c) Shri N.N.Tiwary, Advocate, Interested in the legal Services Member Scheme, High Court Ranchi Bench, Ranchi The terms of the office of the members of the High Court Legal Services Committee, Ranchi Bench will be Guided by Rule 6 of the Bihar State Legal Services Authority Regulation, 1998. Sd/ - (B.K. Thakur) Member Secretary Memo No.14 Patna dated 12.1.1999 Copy forwarded to the Registrar (Admn.) High Court Patna/Registrar Ranchi Bench of High Court, Patna at Ranchi/Persons concerned/Patna High Court Legal Services Committee, Ranchi Bench, Ranchi/Secretary, Law Department, Bihar, Patna for information and necessary action. Sd/ - (B.K. Thakur) Member Secretary 12.1.1999 Further case of the petitioner is that even after constitution of the unit of the Legal Services Committee for the Ranchi Bench of the Patna High Court, he was allowed to function as Peon and was paid salary. After re -organisation of the State of Bihar and creation of Jharkhand High Court w. e.f 15th November, 2000, the office of the Legal Services Committee and its staff continued J:o perform the duty and the petitioner and others received salary till January, 2002. Even after constitution of the new Jharkhand High Court Legal Services Committee, the said office and its staff including the petitioner is functioning, the old office having been taken over by the newly constituted Jharkhand High Court Legal Services Committee.
(3.) COUNSEL for the petitioner submitted that a formal order of regularization of service or absorption of petitioner is required to be issued to remove the difficulties and for payment of salary by the Jharkhand High Court Legal Services Committee.;