AMARESHWAR SAHAY, J. - (1.) DURING the pendency of the writ application, the writ petitioner Rakesh Nath Sahay died on 17.7.2000 and, as such, in the application made by his widow Nisha Sahay for her substitution in place of her deceased husband, the prayer was allowed and now Mrs. Nisha Sahay had been substituted in place of her husband Rakesh Nath Sahay as the petitioner in the present writ application.
(2.) IN the instant writ application, the husband of the petitioner had prayed for a direction to the respondents to regularise his service with effect from his due date or at least from 3.2.1989, the date from which the persons junior to him were regularised. Further prayer is for a direction to pay his legal dues i.e. arrears of salary since October, 1994 and bonus etc. The case of the original writ petitioner is that he was appointed as Conductor on casual basis on 7th January, 1981 by issue of Office Order No. 28 of 1991 under the signature of Divisional Manager, Bihar State Road Transport Corporation, Purnea and he joined, as such, on 9th January, 1981, Thereafter from Purnea he was transferred to Ranchi Division, Ranchi of the Bihar State Road transport Corporation (hereinafter is called in short as BSRTC for the sake of convenience) by office order dated 14.1.1983 as contained in Annexure 2 to the writ application. It is the specific case of the original writ petitioner that he was in continuous service since the date of his joining without any break.
(3.) FOR regularisation of the services of the casual workers a writ application was filed and ultimately the matter went up to the Supreme Court. The Supreme Court disposed of Civil Appeal No. 1509 of 1987 filed by the General Secretary, Bihar State Road Transport Corporation, Karamchari Union by order dated 16.12.1987 with a direction to the respondents BSRTC to prepare a reasonable scheme within 8 months for regularisation of the casual labourers who were working for more than one year and to pay the salary and allowance to them at the rates equal to minimum pay in the scale of regularly employed person in the corresponding cadre of the Corporation with effect from 1.1.1987 and to pay all arrears payable pursuant to the order within four months from the date of the order. A copy of the order of the Supreme Court has been annexed as Annexure 3 to the writ application.;