SINTU PODDAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-8-71
HIGH COURT OF JHARKHAND
Decided on August 28,2009

Sintu Poddar Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD the parties.
(2.) THE prayer of the petitioners in this writ application is to direct the authorities to regularize their services on the respective posts on which they have been working as casual employees since last 22 years in the Department of Rural Engineering Organization. The case of the petitioners is that the petitioner nos. 1 and 3 were appointed/engaged on the vacant post of Khalasi as casual employees on 1.11.1981 and since then they have been regularly working and continuing on the said posts, whereas petitioner no. 2 was engaged on 16.2.1981 on the vacant post of Roller Khalasi in the similar manner and he is also continuing as such. Further case of the petitioners is that Government of Bihar through a notification dated 18th June, 1993 issued by the Personnel and Administrative Reforms Department, took a policy decision to regularize the services of those casual employees who were engaged prior to 1.8.1985 and completed 240 days of work continuously without any break. According to the petitioners as per the abovesaid resolution, the petitioners became entitled to be regularized as they were engaged prior to 1.8.1985 and also completed 240 days continuous work in the year 1993 itself. The grievance of the petitioners is that though they filed their representation before the authorities praying for their regularization in service, but they have not yet been regularized, in spite of the fact that they have rendered their continuous service for more than 22 years as casual employees.
(3.) THERE is no dispute of the facts that these petitioners were appointed without following the rules, regulations and procedure for public employment i.e. without advertisement and without interview. The claim of the petitioners is only on the basis of long continuance in service.;


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