H.C. Mishra, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondent State.
(2.) The petitioner was earlier appointed as Clerk in the State Trading Division, under the Conservator of Forest, State Trading Circle, Palamau at Daltonganj, and presently he is continuing in service on daily wages. The brief facts of the case, as admitted and detailed in paragraph-5 in the counter affidavit, filed on behalf of the respondent State, excluding the Annexure part, are as follows:- "(a) Four persons namely Sri Mantu Gopal Mohanty, Sri Chandrashekhar Prasad, Sri Bhagwati Lal Srivastava and Sri Krishanballabh Kumar were appointed in the Forest department in Palamu District. (b) On these appointments, a writ was filed in Hon'ble High Court, Patna (CWJC No. 861/1989(R)). In this, judgment was passed by the Hon'ble High Court, Patna which nullified the appointments. In the judgment it was also directed to make appointment after due advertisement. (c) On the basis of the order, an advertisement No. 5-7/91 was issued in March, 1991 for appointment to the posts of Range Clerks. (d) A selection committee was constituted for selection of the candidates for appointment. (e) Tests were conducted and 44 persons were selected. (f) Appointment letters were issued to all of them in which Sri Sachidanand Pandey (petitioner) was also included. Appointment letter was issued by the Conservator of Forest, State Trading Palamau Circle-2, Daltonganj vide office Order No. 39, dated 30.11.91. He was later on posted in Daltonganj South State Trading Division Daltonganj and further he was deputed to Regional Chief Conservator of Forest, Palamau Office. (g) The Principal Chief Conservator of Forest, Bihar vide letter No. 57 dated 10.1.1992 cancelled all the appointments. (h) An interim order was passed by the Hon'ble High Court, Ranchi Bench on 24.2.92 in case No. CWJC 484/1992(R) in which it was directed not to take any coercive measure against the petitioner. On the basis of the above interim order, the establishment committee of Palamau Region, on 28.2.1992 stayed the Principal Chief Conservator of Forest, Bihar Order No. 57 dated 10.1.92. (i) Later on, the Hon'ble High Court, Ranchi Bench on 11.3.1992 in Case No. CWJC 484(R)/1992 quashed the order of the Principal Chief Conservator of Forest, Bihar letter No. 57 dated 10.1.1992. (j) The Forest and Environment Department, Government of Bihar vide letter no.6129 dated 28.11.1992 cancelled all the appointments in Palamau. (k) Several writs CWJC No.12595/93, 986/93, 977/93 and 1262/93 were filed in the Hon'ble High Court, Patna. (l) All writs were tagged and after hearing both parties order was passed on 05.04.1994 and quashed the order of Forest & Environment Department, Government of Bihar letter no.6129 dated 28.11.1992. (m) In the said order it was also noted that 6 outside candidates had secured more points than the six petitioners appointed in the General Category at Sl. No.10 to 15. It was further held that the outside candidates must be offered appointments and in case all six outside candidates responds to the offer of appointment. The petitioners appointed in the General category from Sl. No.10 to 15 must go out to make room for those outside candidates. Sri Pandey was also one of the candidates who was placed between Sl. No.10 to 15 and had secured lower marks than the outside candidates. However, one silver lining was added to the judgment to the effect that in case the petitioners are removed to make room for the outside candidates they were at liberty to make representation before the concerned authority for appointment against any existing vacancies. In terms of the aforesaid order dated 5.5.1994 representations were submitted by 9 persons including the concerned workman which was considered and since there was very little job requirement in State Trading Circle Daltonganj the representation was rejected vide order dated 18.9.1999. (n) Pursuant to the order passed by the Hon'ble High Court and its observation to give appointment to the outside candidates in place of candidates selected and who has secured lower marks in termination order was issued. Sri Pandey continued and still continues to work in the Regional Chief Conservator of Forest, Palamau Office, albeit on daily wages. (o) The Principal Chief Conservator of Forest, Jharkhand, Ranchi vide letter no. 2944 dated 16.8.08 has dismissed the representation to Sri Pandey for regularisation and payment of arrears. (p) Pursuant thereof, an advise was sought by the Forest and Environment Department, Government of Jharkhand from the Law Department, Government of Jharkhand regarding the case of Sri Sachidanand Pandey. The Law Department has given advise and it has been treated that Sri Pandey is entitled to get wages for working as daily wage. The Forest and Environment Department vide letter no. 3839 dated 15.10.11 communicated the advise to the Principal Chief Conservator of Forest, Jharkhand regarding the matter. (q) The petitioners and others had filed a writ No. CWJC No. 6578/1995 in which they pleaded for regularisation of their services but no relief was granted in this case later on they filed an LPA No. 714/1996, in which no relief was also granted. "
(3.) In the admitted backdrop of the aforesaid facts, the petitioner has filed this writ application with a prayer for regularisation of his services and also for making payment of salary on the basis of equal pay to equal work.;