D.G.R.PATNAIK, J. - (1.) HEARD Dr. S.N. Pathak, learned Counsel for the petitioner and JC to G.A., State of Bihar as also Mrs. I. Sen, Choudhary counsel for the Respondent Jharkhand Housing Board.
(2.) THE petitioner in this writ application, has prayed for issuance of a direction upon the respondents to regularize his services in the Housing Department, Bihar which issue has been pending since 1989 and to pay him the retiral dues by way of his pension, gratuity and unutilized leave salary on the basis of the benefits which may accrue upon regularization of his services. The petitioner was initially appointed as an Electrician in the Housing Department under the State of Bihar by the order of the Executive Engineer. Housing Department on 16.10.1969. Upon such appointment, he was placed in the pay scale of Rs. 115 -225/ - The petitioner's services were thereafter placed under the State Awas Board, Patna with effect from 13.6.1975 in the pay scale of Rs. 240 -396/ - and his services were regularized on the post of Electrician by the State Awas Board. The further contention of the petitioner is that the vide letter dated 18.11.1989 (Annexure -4), services of 21 employees working in the different cadres under the State Housing Department, were regularized with effect from 22.10.1984. However, the petitioner's service was not regularized by the State Housing Department, although in the original gradation list issued by the Bihar Rajya Awas Board, the petitioner's name had stood at serial No. 6, whereas the name of another co -employee namely, Hussain Ahmad was placed at serial No. 7.
(3.) THE grievance of the petitioner is that service of his colleague Hussain Ahmad, who was junior to him in the gradation list and employed in the same Awas Board, was regularized by the State Government along with 21 other employees on 18.11.1989 (Annexure -4) with effect from 22.10.1984, but the case of the petitioner was not considered without any genuine reason.;