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2001 DIGILAW 814 (JHR)

Prabhat Kumar Singh v. State Of Bihar

2001-12-14

M.Y.EQBAL

body2001
ORDER M.Y. Eqbal, J. 1. The petitioner has sought regularisation of his services against the regular vacant sanctioned post of Laboratory Assistant in which he is said to be working since September, 1986 and further for payment of-equal salary for equal work in class III post. 2. The petitioners case is that he was appointed on 1-9-1986 on daily wages basis. The respondents, after considering the satisfactory work of the petitioner, appointed him as Laboratory Assistant on ad-hoc basis on the scale of Rs. 785-1210/-, vide office order dated 23-5-1987. It is stated that the petitioner was then medically examined and after obtaining fitness certificate, joined the post of Laboratory Assistant on 8-6-1987 and since then he has been continuing in the said post, but the petitioner has not been paid salary in the scale of Rs. 785-1210/-. It is alleged that in 1988 the petitioner was directed to appear in the interview for regular appointment to the post of Lab Assistant and he has successfully completed the interview but his services has not been regularised till date. In 1992 the application filed by the petitioner was forwarded to the Director, Science and Technology. Bihar for regular appointment, but no action has been taken. 3. On the other hand, the respondents case is that the petitioner was appointed on daily wages till the vacant post of Laboratory Assistant was filled up by regular appointment. In 1987 the Commissioner cum Secretary to the Government. Department of Science and Technology, vide letter dated 12-7-1987, cancelled all appointments made in Class III and Class IV posts. It is stated that the question of payment of regular pay as class III post does not arise because the petitioner was not appointed on any regular post. The respondents have denied the allegation made by the petitioner that he was appointed on ad- hoc basis against regular post. The respondents further case is that in 1988 interview letter was issued for appoint ment in regular post of Lab Assistant but that was cancelled due to unavoidable reasons. 4. I have heard Mrs. M.M. Pal, learned counsel appearing for the petitioner and learned JC to AAG. 5. The appointment of the petitioner as Laboratory Assistant on daily wages basis in 1986 has not been denied or disputed by the respondents. 4. I have heard Mrs. M.M. Pal, learned counsel appearing for the petitioner and learned JC to AAG. 5. The appointment of the petitioner as Laboratory Assistant on daily wages basis in 1986 has not been denied or disputed by the respondents. It has been categorically stated in para 9 of the writ petition that the petitioner has been continuously working against the vacant post of Laboratory Assistant since 1986, which fact has also not been disputed by the respondents. Even assuming that appointment of the petitioner as Laboratory Assistant on ad-hoc basis in 1987 was cancelled, the fact remains that the petitioner has been continuously working in the said post for the last 15-16 years. Curiously enough, till date the sanctioned post of Laboratory Assistant has not been filled up by the respondents. It is also surprising that admittedly the petitioner was called for interview in 1988 for regular appointment to the post of Laboratory Assistant and the petitioner successfully completed the interview but his services has not been regularised. The respondents very conveniently stated that the interview was cancelled due to unavoidable reasons without denying the fact that the petitioner was selected. 6. Taking into consideration all these facts, I am of the opinion that this is the high time the respondents should take immediate action for regularising the services of the petitioner on the post of Laboratory Assistant. 7. This writ application is therefore, al lowed and the respondents are directed to regularise the services of the petitioner on the post of Laboratory Assistant within a period of 30 days from the date of receipt of a copy of this order. However, the petitioner would be entitled to the scale of pay of Laboratory Assistant from the date of his regularisation in service.