- (1.) 16.04.2009. The present writ petition has been preferred for the following reliefs: i) For issuance of an appropriate writ or a writ of or a writ in the nature of Mandamus commanding upon the Respondents to regularize the service of the petitioner who is working as a Peon in pursuance of Appointment Letter No. 1041 dated 28.07.1983 (Vide Annexure -4 and Annexure -5) issued by Executive Engineer against sanctioned and vacant post (Vide Annexure -5), ii)For issuance of an appropriate writ or a writ of or a writ in the nature of Certiorari for quashing the office order No. 14(Estt.) dated 18.05.2007 (Annexure -8) issued by Superintending Engineer, Road Construction Department, Road Division, Jamshedpur, whereby claim of the petitioner for his regularization, has been rejected on the misleading and baseless grounds, iii) For a direction to the Respondents to regularize the service of the petitioner w.e.f. 01.08.1985 which is the cut -off date for regularization of the service of Daily Wage Employees.
(2.) BOTH the writ petitions are being disposed of by a common order since the issue involved is identical. The facts in brief are set out as under: -In W.P.(S) No. 2548 of 2007 the petitioner is working as a Peon pursuant to an appointment letter No. 1041 issued on 28.07.1983. In W.P.(S) No. 4297 of 2007 the petitioner is working as a Road Roller Driver on daily wages since 1982 and his prayer for regularization was rejected vide office order No.14(Estt.) dated 18.05.2007.
(3.) IN both the cases the petitioners have claimed regularization on the basis of a circular dated 18.10.2001 issued by the Executive Engineer, vide which according to the petitioner a decision was taken to regularize the services of those daily wage employees who had regularly discharged the duties for a period of 240 days prior to 1.8.1985.;