Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties.
(2.) BY the impugned order dated 10th December, 2010, Annexure -14 bearing Memo No. 44, the Principal Secretary, Urban Development and Housing Department, Government of Bihar has rejected the representation of the petitioner for regularization in service of the respondent, department. The petitioner admittedly was appointed in Work Charge Establishment on temporary basis in 1969 and his services were placed in 1972 to the Housing Board after constitution of Bihar State Housing Board. Petitioner accepted offer of being taken in regular establishment from Work Charge Establishment in the Housing Board pursuant to Annexure -3 letter dated 13th June, 1975 of Secretary, Bihar State Housing Board. Thereafter, he served the Housing Board and got promotion to the post of Junior Engineer (Electrical) till his retirement in the year 2002. Petitioner came before this Court earlier in W.P.(S) No. 5657 of 2005 seeking direction upon the respondents to regularize his services in Housing Department, Bihar, alleging that the issue has remained pending since 1989. He also made a prayer for payment of retiral dues consequent upon his regularization in the State Government. The said writ petition was disposed of after taking note of the stand of the petitioner and the Respondent -Jharkhand State Housing Board by directing the concerned Respondent, State of Jharkhand and State of Bihar to take an appropriate decision on petitioner's claim for regularization of his services as also for grant of similar reliefs as extended to 21 co -employees, within a particular period. The State of Bihar or Bihar State Housing Board had not filed counter affidavit in the matter which was decided vide judgment dated 20th August, 2009, Annexure -12. Petitioner's claim for regularization has thereafter been rejected by the impugned order.
(3.) THE case of the petitioner hinges upon the example of 21 such Work Charge Employees of Building Construction and Housing Department, Government of Bihar, whose services were also placed under Bihar State Housing Board and upon five years of their satisfactory services pursuant to Government Order No. 592 dated 20th March, 1988, they were taken in regular establishment of Building Construction and Housing Department, Government of Bihar vide office order dated 18th November, 1989, Annexure -4. The said order at the same time indicates that though 21 persons would continue to serve with the Bihar State Housing Board.;