Pramath Patnaik, J. - (1.) In the instant writ application, the petitioners have prayed for issuance of writ of mandamus upon the respondents for their regularization, who have been working for considerable length of services on daily wage basis being appointed prior to cut-off date i.e. 01.08.1985. The petitioners have further prayed for direction to the respondents for regularization/absorption on the basis of recommendation made by the respondents.
(2.) The brief facts, leading to filing of the writ application is that the petitioner no.1 was appointed on daily wage basis on 01.10.1982 and has been working as Godown Chowkidar since 1982. Petitioner no.2 was appointed on daily wage basis on 01.01.1983. Petitioner no.3 was appointed on daily wage basis on 01.02.1985 by the Superintending Engineer, Rural Work Department, Daltonganj, Palamau and has been working continuously since then, which is evident from the list of daily wages worker prepared by the Superintending Engineer, REO, Work Circle, Daltonganj, vide Annexure-1 to the writ application. It has been averred in the writ application that the petitioners have rendered their continuous services to the utmost satisfaction of the respondent authorities. The executive Engineer, Rural Work Department, Latehar vide letter dated 29.11.2010 has also recommended to the respondent no.3 for regularization of their services as they have been working on daily wage basis without being permanently absorbed as evident from Annexure-6 to the writ application. In spite of the fact that the petitioners have worked for more than three decades, their services have not been regularized in spite of recommendation of the respondent no.4, petitioners left with no alternative, have approached this Court for regularization of their services.
(3.) Controverting the averments made in the writ application, counter affidavit has been filed by the respondents.;