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1997 DIGILAW 1654 (SC)

Wali Ahmad v. State of Bihar

1997-11-13

S.C.AGRAWAL, S.RAJENDRA BABU

body1997
ORDER : S.C. Agrawal, J. 1. Special leave granted. 2. We have heard Shri Anis Suhrawardy, the learned counsel for the appellant and Shri B.B. Singh for the respondents. 3. By order dated 24-8-1977 passed by the Executive Engineer, Multipurpose Project, Sub-Division, Samastipur, the appellant was appointed on the post of Gauge Reader. Though the said appointment was made on ad hoc basis the appellant continued to work as Gauge Reader without interruption till 28-10-1994. The appointment of the appellant in 1977 was made in view of the fact that there was need of a permanent Gauge Reader and since the appellant had worked as Gauge Reader earlier he was found experienced and his work was found satisfactory for such appointment. The appellant sought regularisation of his services and thereupon, by order dated 2-8-1994, the appointment of the appellant was cancelled by the Chief Engineer, Multipurpose Project Water Resources, on the ground that the appointment was not made according to rules by a competent authority and that as per the circular dated 11-6-1986, no appointment should be made on daily wages after 1-8-1985. 4. Having regard to the facts and circumstances of this case, we are of the opinion that the matter of regularisation of the appellant on the post of Gauge Reader should be reconsidered by the authorities keeping in view the fact that he had worked as Gauge Reader for 17 years and the prohibition against appointment on daily wages imposed vide circular dated 11-6-1986 was not applicable at the time of appointment of the appellant in 1977. 5. The appeal is, therefore, allowed, the impugned judgment of the Division Bench of the High Court dated 14-8-1996 dismissing the LPA filed by the appellant as well as the judgment of the learned Single Judge dismissing the writ petition are set aside and the writ petition filed by the appellant is disposed of with the direction that the matter regarding regularisation of the appellant on the post of Gauge Reader shall be considered by the competent authority keeping in view the performance of the appellant while he worked as Gauge Reader for the past 17 years and, if he is found suitable for such regularisation, he may be regularised by granting the necessary relaxation. Such consideration shall be made within three months. Such consideration shall be made within three months. If the appellant is found fit for regularisation, he may be reinstated in service with continuity in service but he would not be entitled to back wages. No costs. Appeal allowed.